SUCCESSION AB INTESTAT

SUCCESSION AB INTESTAT (Death without a last will and testament)

When a loved one passes away without leaving a last will and testament, what is the process?

You will be facing a situation called succession ab intestat.

Regarding the succession ab intestat, the Civil Code of Quebec provides strict rules depending on the Deceased family situation with four(4) different possibilities.

The following is a chart[1] which summarizes the rules of succession ab intestat provided by articles 666 to 683 of the Civil Code of Quebec:

First situation: Deceased is married

 

Married, no children (no grandchildren,
etc.):

 

2/3spouse or husband

1/3mother and father

Married with children (or grandchildren or
great grandchildren, etc.):

 

2/3children

 

1/3spouse or husband

Married, no children and no parents:

2/3spouse or husband

1/3 siblings

 

If there are half-brothers or half-sisters:

1/6Those from the same father, including
siblings

1/6Those from the same mother, including
siblings

Married, no children, no parents, no
siblings, no nieces or nephews:

100% to spouse or husband

Second situation: Deceased is not married (or spouse or husband is deceased)

 

Children (or grandchildren or other
descendants):

100% to children

 

No children (no other descendants):

1/2siblings

If there are half-bothers and half-sisters:

1/4Those from the same
father, including siblings.

1/4Those from the same
mother, including siblings.

1/2father and mother

Nochildren (no other descendants), no
siblings, no nephews and no nieces:

100% parents

No children (no other descendants), no
parents:

100% siblings

If there are half-brothers and half-sisters:

1/2From the same father,
including siblings.

1/2From the same mother,
including siblings.

Third situation: no children, no spouse or husband, no parents, no siblings, no
nephews or nieces.

 

Descendants from nephews and nieces and
“ordinary ascendants”* or “other ordinary collaterals”**

1/2

Descendants from nephews and nieces.

 

1/2

“Ordinary ascendants” or “other
ordinary collaterals” according to the rules at the bottom of the table***

Descendants of nephews and nieces, etc., but
no ordinary ascendants or ordinary collaterals:

 

100%

Descendants of nephews and nieces.

No descendants of nephews or nieces:

100 %

“Ordinary ascendants” or “other
ordinary collaterals” according to the rules at the bottom of the table.***

 

* “Ordinary ascendants”: grandparents,
great grandparents, etc.

* * “Other ordinary collaterals”: uncles,
aunts, cousins, great uncles, great aunts, little cousins, etc.

 

*** Division between Ordinary
ascendants and other ordinary collaterals

 

I.
Distribution between
paternal line and maternal line :

 

Father’s and mother’s family members:

 

1/2maternal line

1/2paternal line

Father’s family members only (no survivor
from mother’s side):

100% paternal line

Mother’s family members only (no survivor
from father’s side):

 

100% maternal line

II.
Order of priority, between
the “ordinary ascendants” and “other ordinary collaterals”
in each line:

 

  1. Grandparents

 

  1. Descendants from grandparents (uncles, aunts, cousins, etc.) to
    the closest degree.

 

  1. Great grandparents

 

  1. Descendants of great grandparents
    (great uncles, great aunts, little cousins, etc.)

 

  1. Ancestors

 

  1. Descendants of ancestors.

 

We apply this principle until depletion of “successors”,
namely the Deceased family members to the 8th degree. Relatives beyond the 8th
degree do not inherit.

Fourth situation: Deceased does not have any “successors” (or they all renounced to the succession)

 

The Government takes of right the property of the
succession situated in Quebec.

[1] Translated from :http://www.avocat.qc.ca/public/iiabintestat.htm#sthash.lOIZNaNa.dpuf

If you are looking for a law firm with reasonable rates, quick and efficient turnaround time for your files and who provides personalized and effective follow-ups, call Schneider Attorneys at (514) 439-1322 ext. 112 or email us at info@schneideravocat.com

The above noted text should not be construed as providing legal advice or a statement of your claim. The process highlighted above are merely parameters and barometers and do not constitute any warranties and guaranties with regards to your file at hand. We strongly recommend that you seek legal advice with a licensed attorney from the Barreau du Quebec or a notary at the Chambre des Notaires. Each case must be seen and analysed on its merits as the legal process may be complex and cumbersome.