Does Your Spouse Inherit Everything in Quebec?

In Quebec the answer is a clear no — and for de facto couples it's far starker than most people expect. Without a will, a spouse never automatically takes the whole estate, and a common-law partner takes nothing at all.

Married and civil-union spouses: a fixed share

After the family patrimony and matrimonial regime are settled, the Civil Code gives the surviving married or civil-union spouse:

• one-third of the estate if there are children (children take two-thirds); or
• two-thirds of the estate if there are no children (the deceased's parents or siblings take the other third).

Only through a will can you leave your spouse the entire estate.

De facto partners: nothing by default

Here is the hard truth. A de facto (common-law) partner does not inherit under Quebec's intestacy rules — ever — regardless of how long you've lived together or whether you have children. Quebec deliberately treats marriage and civil union differently from de facto unions, and the 2002 reforms and subsequent case law have largely preserved that distinction. A de facto partner also has no automatic family-patrimony claim. If you are common-law in Quebec, a will is the only way to provide for your partner.

The family patrimony comes first

Remember that for married and civil-union spouses, the family patrimony division happens before inheritance. The surviving spouse may receive a significant share of family assets through that division even before the one-third/two-thirds rule applies. De facto partners are excluded from this too.

How a will changes the outcome

A will lets you leave everything to your spouse or partner, protect a de facto partner who would otherwise get nothing, provide for children on your terms, and name a liquidator. For couples, mutual wills are common.

Frequently asked questions

Do common-law partners inherit in Quebec? No — de facto partners inherit nothing on intestacy; only a will provides for them. How much does a surviving spouse get in Quebec? A married/civil-union spouse takes one-third with children, or two-thirds with no children, after family-patrimony division. Does a spouse get the house if there's no will in Quebec? The residence is dealt with through the family patrimony division for married/civil-union spouses; de facto partners have no such right. Are stepchildren entitled to inherit in Quebec? Not on intestacy unless adopted; a will is needed to provide for them.

Not legal advice. General information about Quebec law as of 2026. Confirm specifics with a Quebec notary or lawyer.