The Civil Code of Québec contains provisions governing the distribution of the property of a person who dies without a will, first favouring the deceased's closest relatives and then progressively including more distant relatives. These provisions are collectively known as intestate succession.
When the deceased leaves a surviving spouse who is married, in a civil union or in a parental union, but no descendants, the Civil Code of Quebec also provides for inheritance rights in favour of the privileged ascendants (father and mother of the deceased) and the privileged collateral relatives (brothers, sisters, nephews and nieces of the deceased) in the settlement of the deceased's estate.
The first scenario is that of a surviving spouse who is married, in a civil union, or in a parental union, and ascendants who outlive the deceased. In this case, the surviving spouse will receive two-thirds (2/3) of the estate, and their ascendants will receive one-third (1/3) of this estate. When one or both ascendants of the deceased survive them, the privileged collateral relatives receive nothing.
The second scenario is where the deceased leaves a spouse (married, in a civil union, or in a parental union), but where the deceased's ascendants are already deceased. In this case, the surviving spouse must share the deceased's estate with the deceased's collateral relatives. The surviving spouse will receive two-thirds (2/3) of the deceased's estate, and the collateral relatives will receive one-third (1/3) of that estate. The inheritance rights of the children of deceased siblings, nephews, and nieces only begin upon the death of their parents.
The final scenario is where the deceased leaves neither privileged ascendants nor privileged collateral relatives. In this case, the surviving spouse (married, in a civil union, or in a parental union) will inherit the entire estate of the deceased.
These tables allow you to determine the heirs in the event of death without a will.
