Key Takeaways
- 1.Quebec is the only Canadian province where a common-law (de facto) spouse receives absolutely zero from an intestate estate — regardless of whether the couple lived together for 2 years or 30 years.
- 2.In this $750K scenario, the $500K home goes to Luc's two children (or his parents if no children exist). Marie has no claim to the family residence — the family patrimony rules apply only to married or civil-union spouses.
- 3.Bill 56's parental-union reform (Art. 653.1 CCQ, in force June 30, 2025) changes the math dramatically — but only for de facto couples who co-parent a child. If Marie and Luc have a common child, Marie could inherit up to $250,000 from the estate plus $250,000 in patrimony.
- 4.A surviving common-law partner's main recourse is an unjust enrichment claim (Art. 1493 CCQ) — but it requires litigation costing $15,000–$50,000+ with no guaranteed outcome.
- 5.A notarial will ($300–$800) plus cohabitation agreement ($800–$2,000) would have prevented this entire scenario. Total cost: under $3,000 to protect a $750K estate.
The Scenario: $750K Estate, 12-Year Common-Law Relationship, No Will
Luc, age 52, dies suddenly in 2026. He and Marie, age 49, have been de facto spouses in Montreal since 2014. They never married, never entered a civil union, and neither has a will. The home was purchased in Luc's name in 2016 with a $100,000 down payment from his savings and a $300,000 mortgage, since paid down to $0. Marie contributed to mortgage payments, renovations, and household expenses throughout the relationship.
- Deceased: Luc, age 52, resident of Montreal
- Surviving partner: Marie, age 49, de facto spouse (12 years)
- Relationship: Common-law / de facto — not married, no civil union
- Will: None (intestate succession)
- Children: Two scenarios examined below (with and without common children)
- Luc's surviving family: Mother (age 78), one brother (age 55)
The $750K Estate: Where Every Dollar Goes Without a Will
Here is exactly what Luc's estate contains and who inherits each asset under Quebec's intestate succession rules (Arts. 653–672 CCQ).
| Asset | Value | % of Estate | Inherits (with children) | Marie Receives |
|---|---|---|---|---|
| Primary residence | $500,000 | 66.7% | Children (100%) | $0 |
| RRSP | $180,000 | 24.0% | Children (100%)* | $0 |
| Chequing account | $70,000 | 9.3% | Children (100%) | $0 |
| Total Estate | $750,000 | Children: $750,000 | Marie: $0 | |
*RRSP inheritance depends on the named beneficiary. If Luc named Marie as RRSP beneficiary, the $180,000 passes directly to her outside the estate. If no beneficiary is named (or the estate is named), the RRSP collapses into the estate, triggers full income tax on Luc's final return, and the after-tax proceeds go to the children. With no will and no named beneficiary, the default is typically the estate.
The RRSP trap: Even if Luc named Marie as RRSP beneficiary, the $180,000 is included in Luc's income on his final tax return. At Quebec's combined marginal rate of approximately 50.4% on income above $112,655, the tax bill is roughly $75,000–$90,000 — payable from the estate. The children inherit less, but Marie still receives the RRSP proceeds directly. Without a named beneficiary, the estate pays the tax and keeps the proceeds, leaving Marie with nothing.
For a comparison of how spousal inheritance works in provinces that do recognize common-law partners, see our spousal beneficiary inheritance calculator.
Why Quebec Is Different: The Civil Code and the “Eric and Lola” Decision
Quebec operates under a civil law system, not the common law system used in all other Canadian provinces. The Civil Code of Quebec (CCQ) defines who qualifies as an heir, and de facto spouses are explicitly excluded from Book Three (Successions).
In 2013, the Supreme Court of Canada upheld this exclusion in Quebec (Attorney General) v. A — widely known as the “Eric and Lola” case. The court ruled 5–4 that Quebec's refusal to extend spousal protections (including inheritance, family patrimony, and support obligations) to de facto couples does not violate the Canadian Charter of Rights and Freedoms. The majority held that freedom of choice — the right not to marry and thereby not to be subject to marriage-like obligations — justified the distinction.
The practical result: 43% of Quebec couples live common-law (the highest rate in Canada, per Statistics Canada 2021 Census data), and every one of them has zero automatic inheritance protection.
Three Intestacy Scenarios: Where the $750K Goes
The distribution of Luc's estate depends on which relatives survive him. Here are the three most common scenarios under Arts. 666–672 CCQ. In every case, Marie receives $0.
| Scenario | Surviving Relatives | Distribution | Marie's Share |
|---|---|---|---|
| A: Children exist | Two children + mother + brother | Children split 100% ($375,000 each) | $0 |
| B: No children, parents survive | Mother + brother (no children) | Mother: 50% ($375,000); Brother: 50% ($375,000) | $0 |
| C: No children, no parents | Brother only (no children, mother predeceased) | Brother: 100% ($750,000) | $0 |
Under Quebec intestacy (no married spouse), children inherit everything (Art. 666 CCQ). If no children, the estate splits between the parents and siblings (Art. 670–671 CCQ). If no spouse, no children, no parents, and no siblings, the estate goes to more remote relatives (nieces, nephews, cousins) before escheating to the provincial government.
In Scenario A, Luc's two children — who may be from a prior relationship, not Marie's children — inherit the $500,000 home that Marie currently lives in. They can legally require her to vacate. She has no right of habitation, no preferential right to the home, and no matrimonial protection.
The Family Patrimony: Why It Protects Married Spouses but Not Marie
If Luc and Marie had been married, the outcome would be dramatically different. The family patrimony (patrimoine familial) under Arts. 414–426 CCQ would entitle Marie to 50% of the net value of certain family assets — before the estate is distributed to heirs.
If married — family patrimony calculation:
Family residence: $500,000
Household furnishings: ~$30,000 (estimated)
Motor vehicles: ~$25,000 (estimated)
RRSP accumulated during marriage: $180,000
Total family patrimony: ~$735,000
Marie's 50% share: ~$367,500
Remaining estate for intestate distribution: ~$382,500
Marie's intestate share (married, with children): 1/3 = ~$127,500
Total Marie would receive if married: ~$495,000
Total Marie receives as common-law: $0
The $495,000 gap. The difference between being married and being common-law in Quebec is not a technicality — it is the difference between inheriting $495,000 and inheriting nothing. No other Canadian province has a gap this severe.
Bill 56 and the Parental-Union Reform: What Actually Changed on June 30, 2025
Quebec's National Assembly passed Bill 56 in 2024, introducing the concept of a parental union (union parentale) into the Civil Code. The provisions came into force on June 30, 2025. This is the most significant change to Quebec family law regarding de facto couples since the codification of the CCQ in 1994.
Here is what the reform does — and what it does not do.
| Right | Married Spouse | De Facto (with child, post-Bill 56) | De Facto (no child) |
|---|---|---|---|
| Intestate inheritance | Yes | Yes (Art. 653.1) | No |
| Family patrimony — residence & furnishings | Yes | Yes (limited) | No |
| Family patrimony — RRSP/pension values | Yes | No | No |
| Compensatory allowance | Yes | Yes | No |
| Support obligation on death | Yes | Yes | No |
| Right to serve as liquidator | Yes | Yes | No |
Worked Example: Marie and Luc With a Common Child (Post-Bill 56)
Suppose Marie and Luc have one child together, born in 2018. Luc dies intestate in 2026. Under the parental-union provisions, here is what Marie now receives:
Step 1 — Parental-union patrimony (residence + furnishings only):
Family residence: $500,000
Household furnishings: ~$30,000
Parental-union patrimony total: $530,000
Marie's 50% share: $265,000
Step 2 — Remaining estate for intestate distribution:
Total estate: $750,000
Minus patrimony payment to Marie: −$265,000
Remaining: $485,000
Step 3 — Intestate share (Art. 653.1 CCQ, de facto parent with children):
Marie's share: 1/3 of $485,000 = $161,667
Child's share: 2/3 of $485,000 = $323,333
Total Marie receives (post-Bill 56, with child): ~$426,667
Total Marie receives (pre-Bill 56, with child): $0
Total Marie receives (no child, any date): $0
What Marie must actually do to claim: The parental-union claim is not automatic. Marie must (1) establish proof of the parental union — either a prior declaration filed with the Directeur de l'état civil, or proof of a common child born after June 30, 2025, or a child born before that date if the couple was still together when the law came into force; (2) notify the liquidator of her claim in writing; (3) file a demand for partition of the parental-union patrimony within one year of Luc's death. Missing the one-year deadline may forfeit the claim.
For a different estate scenario involving Quebec succession costs, see our $1M net worth in Quebec succession and tax analysis.
Recourse Options for a Surviving Common-Law Partner
Without Bill 56's parental-union protections (i.e., no common child), Marie has limited legal options. None are automatic — all require litigation.
| Legal Recourse | Legal Basis | Estimated Cost | Probability of Success |
|---|---|---|---|
| Unjust enrichment | Art. 1493–1496 CCQ | $15,000–$50,000+ | Moderate — requires proof of enrichment, impoverishment, and no justification |
| Resulting trust | Art. 1261–1262 CCQ | $20,000–$60,000+ | Low — difficult to establish without written evidence of contribution |
| Constructive trust | Common law remedy (limited application in Quebec civil law) | $20,000–$60,000+ | Very low in Quebec — civil law system resists common law equitable remedies |
| Joint ownership claim | Art. 1012 CCQ (co-ownership) | $5,000–$15,000 | Only if Marie is already on title (she is not in this scenario) |
Unjust enrichment calculation (Marie's best case):
Marie's mortgage contributions over 10 years: ~$150,000
Marie's renovation contributions: ~$35,000
Total contributions: $185,000
Court awards (if successful): $100,000–$185,000
Minus legal fees: −$30,000
Net recovery: $70,000–$155,000
Timeline: 2–4 years (Quebec Superior Court)
Compare to intestate inheritance if married: $495,000
For how common-law relationships affect asset division in other provinces, see our common-law vs married net worth calculator.
Provincial Comparison: De Facto Spouse Inheritance Rights Across Canada
Quebec's treatment of common-law spouses in intestacy is an outlier. Here is how every province handles de facto partner inheritance.
| Province | Qualifying Period | Intestacy Rights | Family Property Division |
|---|---|---|---|
| British Columbia | 2 years cohabitation | Same as married spouse | Same as married spouse |
| Saskatchewan | 2 years cohabitation | Same as married spouse | Same as married spouse |
| Manitoba | 3 years (or 1 year with child) | Same as married spouse | Same as married spouse |
| Alberta | 3 years interdependence (or child) | Same as married spouse | Same as married spouse |
| Nova Scotia | 2 years cohabitation | Same as married spouse | Partial (must apply) |
| Ontario | 3 years (or child + some permanence) | No automatic intestacy share | No — but dependant's relief claim available |
| New Brunswick | 3 years cohabitation | Same as married spouse | Partial (marital property act) |
| Quebec (no child) | No recognition period | None — $0 | None |
| Quebec (with child, post-June 2025) | Parental union (common child) | Yes — same share as married | Residence & furnishings only (no RRSP/pension) |
Provincial rules are simplified for comparison. Actual legislation varies in detail. Ontario does not grant automatic intestacy rights but allows common-law partners to claim dependant's relief under the Succession Law Reform Act. PEI and the territories are omitted for brevity but generally follow the 1–3 year cohabitation model.
For Alberta's approach to common-law estate inheritance specifically, see our common-law spouse beneficiary calculator for Alberta estates. For Saskatchewan intestacy rules, see our Saskatchewan intestacy calculator.
What It Costs to Prevent This: Will + Cohabitation Agreement
The irony of this scenario is that the entire $750,000 problem is preventable for under $3,000.
| Document | Cost (Quebec notary) | What It Does |
|---|---|---|
| Notarial will (testament notarié) | $300–$800 | Names Marie as heir; specifies exact shares; no probate required |
| Cohabitation agreement | $800–$2,000 | Defines property rights, support obligations, and asset division during life and on death |
| RRSP beneficiary designation | $0 (online or at bank) | Directs $180K RRSP to Marie outside the estate |
| Joint title on residence | $1,500–$3,000 (notary + transfer tax) | Gives Marie 50% ownership; her half never enters the estate |
| Total prevention cost | $1,500–$3,000 | Protects $750,000 estate — 0.2–0.4% of assets |
The math is stark. A $500 notarial will protects $750,000 in assets. An unjust enrichment lawsuit costs $30,000 in legal fees for a chance at recovering $100,000–$185,000 over 2–4 years. The will takes one afternoon at a notary's office. There is no rational argument for not having one.
What Marie Should Do Right Now
- If Luc is still alive: Get a notarial will drafted naming Marie as principal beneficiary. Cost: $300–$800. Time: one appointment.
- Name Marie as RRSP beneficiary: Log into the bank or brokerage account and designate Marie. This directs the $180,000 RRSP to her outside the estate, bypassing intestacy entirely. Cost: $0.
- Add Marie to the home's title: A notary can add Marie as a co-owner (undivided co-ownership under Art. 1012 CCQ). Her 50% share ($250,000) would then never enter Luc's estate. Cost: $1,500–$3,000 including transfer tax.
- Draft a cohabitation agreement: This defines property rights, support obligations, and division rules during life and on death. It fills the gap left by Quebec's refusal to extend family patrimony protections to de facto couples.
- If Luc has already died intestate: Consult a Quebec litigation attorney about an unjust enrichment claim (Art. 1493 CCQ) within three years. Gather evidence of financial contributions to the home (bank statements, renovation receipts, mortgage payment records).
- If they have a common child (born before or after June 2025): File a demand for partition of the parental-union patrimony within one year of death. Confirm eligibility with a notary familiar with the Bill 56 provisions.
Important Disclaimer
This article provides general information about Quebec intestacy law and common-law spouse inheritance rights. It is not legal, financial, or tax advice. Quebec succession law is governed by the Civil Code of Quebec (Book Three, Successions, Arts. 613–898 CCQ). The parental-union provisions introduced by Bill 56 came into force on June 30, 2025 — case law interpreting Art. 653.1 CCQ is still developing and court interpretations may differ from the general principles described here. Family patrimony rules (Arts. 414–426 CCQ) apply only to married and civil-union spouses; the parental-union patrimony is a distinct and more limited regime. RRSP tax treatment on death depends on the named beneficiary and the specific financial institution's policies. Quebec marginal tax rates referenced are based on 2026 combined federal-provincial brackets and are subject to annual change. The unjust enrichment analysis is illustrative and should not be relied upon as a prediction of court outcomes. Consult a Quebec notary or lawyer specializing in succession law before making estate planning decisions. Every situation is unique and requires professional advice tailored to the specific facts.