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A death without a will – ab intestat
If the deceased left no will, the estate is liquidated under the provisions of the Civil Code of Quebec. In this type of succession, the successors are the spouse with whom the deceased was married or civil union and those related to the deceased by blood or adoption. This excludes the common law partner.

The Civil Code of Québec provides that if no marriage contract, or testamentary disposition were made, we have to look if the deceased had children or not:

  • If he has children, you must distribute the estate between the spouse and children;
  • If he has no children, you must distribute the estate between the spouse and other relatives of the deceased.

However, if the deceased had provided in a marriage or civil union a testamentary clause commonly called the last surviving spouse, it usually bequeathed all his property to the surviving spouse, who becomes the sole heir.