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
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Married, no children (no grandchildren,
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2/3 spouse or husband |
1/3 mother and father |
Married with children (or grandchildren or
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2/3 children
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1/3 spouse or husband |
Married, no children and no parents: |
2/3 spouse or husband |
1/3 siblings
If there are half-brothers or half-sisters: 1/6 Those from the same father, including 1/6 Those from the same mother, including |
Married, no children, no parents, no |
100% to spouse or husband |
Second situation: Deceased is not married (or spouse or husband is deceased)
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Children (or grandchildren or other |
100% to children
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No children (no other descendants): |
1/2 siblings If there are half-bothers and half-sisters: 1/4 Those from the same 1/4 Those from the same |
1/2 father and mother |
No children (no other descendants), no |
100% parents |
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No children (no other descendants), no |
100% siblings If there are half-brothers and half-sisters: 1/2 From the same father, 1/2 From the same mother, |
Third situation: no children, no spouse or husband, no parents, no siblings, no
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Descendants from nephews and nieces and |
1/2 Descendants from nephews and nieces.
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1/2 “Ordinary ascendants” or “other |
Descendants of nephews and nieces, etc., but
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100% Descendants of nephews and nieces. |
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No descendants of nephews or nieces: |
100 % “Ordinary ascendants” or “other
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* “Ordinary ascendants”: grandparents, * * “Other ordinary collaterals”: uncles,
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*** Division between Ordinary
I.
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Father’s and mother’s family members:
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1/2 maternal line |
1/2 paternal line |
Father’s family members only (no survivor |
100% paternal line |
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Mother’s family members only (no survivor
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100% maternal line |
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II.
We apply this principle until depletion of “successors”, |
Fourth situation: Deceased does not have any “successors” (or they all renounced to the succession) |
The Government takes of right the property of the |
[1] Translated from :http://www.avocat.qc.ca/public/iiabintestat.htm#sthash.lOIZNaNa.dpuf
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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.