Estates in Québec: three things to know to protect your loved ones

"Everything will go to my spouse." "A will written by hand is worthless." "If I accept an inheritance, I have to pay all the debts."

Where estates are concerned, misconceptions are many. Yet certain decisions can have serious consequences for your family and your finances. Here are three essential points to know in Québec.

1. Without a will, the law chooses your heirs

When there is no will, your property is distributed according to the rules of the Civil Code of Québec. That distribution does not necessarily match your intentions.

For example, if you are married and have children, your spouse does not generally receive the whole estate: they receive one third, and your children share the other two thirds. That division comes after the rights applicable to the family patrimony and the matrimonial regime have been settled. Similar rules apply to spouses united civilly or in a parental union.

For de facto spouses, one distinction is essential. Simply living together for several years does not automatically give a right to inherit. However, the parental union regime, in force since 30 June 2025, changes the position of certain couples. It applies in particular, under the conditions set out by law, to de facto spouses who become parents of the same child on or after that date. Some couples who already have a child together may also join it voluntarily. A spouse in a parental union can inherit without a will.

The right approach is therefore to verify your legal status and prepare a will that reflects your wishes.

2. A will can be valid without being notarized

In Québec, three forms of will are recognized: the notarial will, the holograph will and the will made before witnesses. Each must meet its own conditions of validity.

The difference becomes particularly important after death. A holograph will and a will made before witnesses must be verified by a notary or by the Superior Court. That process brings formalities, costs and delays. A notarial will, by contrast, does not have to undergo that verification. Its original is kept by the notary, who registers it in the register of testamentary dispositions of the Chambre des notaires.

A will also deserves to be reviewed when your life changes: the arrival of a child, a new relationship, a separation or a significant change in your patrimony. A document written fifteen years ago may express wishes that are no longer yours.

3. Before accepting an inheritance, you need to know the debts

An inheritance may include a house, investments and money, but also loans and other obligations. The inventory makes it possible to know the assets and the debts before making a decision.

As a general rule, a potential heir has six months to accept the succession or to renounce it. That period may be extended to give the heir at least 60 days after the inventory is closed. Be careful: acceptance may result from conduct, for example using property of the estate as if it belonged to you.

Accepting generally does not mean having to pay the debts personally beyond the value of the property received. However, that protection can be compromised if the rules of liquidation are not followed, in particular where the liquidator is dispensed from making an inventory or where the property of the estate is prematurely mixed with one's own. Renouncing also requires formalities: usually a notarial act and its publication in the appropriate register.

Preparing your estate means giving your loved ones clear guidance at a moment when they will particularly need it. Verifying who will inherit, drafting a suitable will and following the steps of liquidation can spare them many difficulties.