Quebec Intestacy Calculator: Dying Without a Will
Calculate estate distribution in Quebec under the Civil Code. IMPORTANT: Quebec does NOT recognize common-law partners and has NO preferential share.
Your Situation
Federal Indian Act rules apply instead of provincial laws
Quebec Rules:
• Preferential amount: None (Quebec)
• Common-law recognized: No (Quebec only)
Civil Code of Québec (Articles 653-702)
Total Estate Value
$500,000
Number of Beneficiaries
3
Province
Quebec
Distribution Breakdown
Chart only available on larger screens
View on a tablet or desktop to see the visualization
Who Inherits Your Estate
| Beneficiary | Relationship | Share % | Amount | Notes |
|---|---|---|---|---|
| Surviving Spouse | Spouse | 33.3% | $166,650 | Quebec civil law: 1/3 of estate |
| Child 1 | Child | 33.3% | $166,675 | Quebec civil law: Children split 2/3 of estate |
| Child 2 | Child | 33.3% | $166,675 | Quebec civil law: Children split 2/3 of estate |
How the Distribution is Calculated
Quebec Intestacy Formula:
In Quebec, the spouse receives 1/3 of the estate ($166,650), and children split 2/3 equally ($166,675 each).
Legislation: Civil Code of Québec (Articles 653-702)
About Quebec Intestacy Laws
Preferential Share
$0
Spouse's first inheritance
Common-law Status
Common-law partners NOT recognized (conjoint de fait has NO inheritance rights)
Recognition threshold
Distribution Split
NO preferential share. Spouse gets 1/3 of total estate, children share 2/3 from dollar one.
Between spouse & children
Overview
Quebec's succession laws are governed by the Civil Code of Québec (Articles 653-702), which follows civil law principles derived from French law, unlike the common law system used in other provinces. Quebec has the most restrictive intestacy rules in Canada for surviving partners. There is NO preferential share, meaning children inherit from the first dollar. If you die with a spouse and children, your spouse receives only 1/3 of your estate and children receive 2/3 immediately. Most critically, common-law partners ("conjoint de fait") have ZERO inheritance rights under Quebec law, regardless of how long they've lived together.
Key Intestacy Rules
- •NO preferential share (unique in Canada)
- •Common-law partners have ZERO inheritance rights
- •Spouse gets only 1/3 of total estate if there are children
- •Children receive 2/3 of estate from dollar one
- •Must be legally married to inherit as spouse
- •Civil law system differs significantly from common law provinces
Distribution Rules
Quebec's distribution is straightforward but less generous to spouses than other provinces: If you have a spouse and children, spouse gets 1/3 and children share 2/3 equally from the first dollar. If you have a spouse but no descendants, your spouse gets 2/3 and your parents get 1/3. If your parents are deceased, your spouse gets 2/3 and your siblings share 1/3. Only if you have no spouse, descendants, parents, or siblings does a surviving spouse inherit everything. If no spouse at all, children take everything, then parents, then siblings, then more distant relatives, and finally the Quebec government.
Common-law Partner Recognition
This is Quebec's most distinctive feature: common-law partners ("conjoint de fait") have ABSOLUTELY NO inheritance rights, regardless of the length of the relationship or whether there are children. Only legally married spouses inherit. This has been repeatedly upheld by Quebec courts, most notably in the Supreme Court of Canada's 2013 decision in Quebec v. A, which confirmed that Quebec's refusal to recognize common-law partners is constitutional. If you are in a common-law relationship in Quebec, your partner will inherit NOTHING unless you have a will. This applies even if you've lived together for 20+ years and have children together. A will is essential for common-law couples in Quebec.
Special Considerations
Quebec's system has many unique aspects: (1) No preferential share means even modest estates are split with children immediately. (2) Common-law partners inherit nothing - this cannot be emphasized enough. (3) "Notarial wills" are unique to Quebec and don't require witnesses because they're prepared by a notary. (4) Holograph wills (handwritten) are valid if entirely handwritten and signed. (5) Quebec follows "representation" rules where grandchildren inherit their deceased parent's share. (6) Adopted children have full rights. (7) The Quebec government takes estates with no heirs, with proceeds going to the state. (8) Indigenous people with Indian status dying on reserve land are subject to federal Indian Act, not Quebec civil law.
Unique Features
- ✓Quebec is the ONLY province that does not recognize common-law partners (conjoint de fait) for intestacy
- ✓Quebec has NO preferential share - children inherit from dollar one
- ✓Quebec follows civil law (based on Civil Code) rather than common law
- ✓Surviving spouse receives only 1/3 if there are children, compared to much more in other provinces
- ✓Notarial wills are common and have special legal status in Quebec
Governing Legislation
Civil Code of Québec (Articles 653-702)
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Frequently Asked Questions
About This Calculator
When a Canadian dies without a valid will, they die "intestate." This intestate succession calculator shows exactly how your estate would be distributed according to Canadian provincial laws if you die without a will. Understanding intestacy laws is crucial for estate planning because provincial legislation determines who inherits your assets—often in ways that don't align with your wishes. Each Canadian province has different intestate succession rules, and the differences can be dramatic. For example, Ontario's Succession Law Reform Act gives a surviving spouse a $350,000 preferential share before children inherit, while Manitoba's threshold is only $50,000. Quebec operates under civil law and does NOT recognize common-law partners at all for intestate succession—only legally married spouses inherit automatically. Our free intestate succession calculator models all 10 provinces' intestacy laws and shows you the exact distribution based on your family situation. You can compare how different provinces treat estates, see how common-law relationships affect inheritance, and understand why having a will is essential. The calculator handles complex scenarios including multiple children, parents, siblings, and extended family, applying the correct provincial formulas to show who inherits what percentage and dollar amount. The results may surprise you. Did you know that in Quebec, your spouse only gets 1/3 of your estate if you have children? Or that in most provinces, your common-law partner must have lived with you for 2-3 years to inherit? Without a will, you have NO CONTROL over who receives your assets—provincial law decides for you. This calculator demonstrates the urgent importance of estate planning and creating a legally valid will that reflects your true wishes.
Key Features
- Calculate intestate distribution for all 10 Canadian provinces
- Model any family situation: spouse, children, parents, siblings
- See exact dollar amounts each beneficiary would receive
- Visual pie chart showing distribution percentages
- Provincial comparison mode to see how rules differ
- Common-law partner recognition by province
- Step-by-step math explanation of intestacy formulas
- Warning alerts for surprising outcomes
When to Use This Calculator
- Understanding who inherits if you die without a will
- Comparing intestate distribution vs your desired distribution
- Learning how common-law relationships affect inheritance
- Seeing how different provinces treat estates differently
- Educating family members about importance of estate planning
- Estate planning preparation before meeting with lawyer
- Teaching children about Canadian succession law