3.10 What happens if I do not have a will?

You do not have to have a will. If you die without a will, you die intestate. This means that the law decides who will inherit your property and how much they will inherit.

In Quebec, your legal heirs are your spouse and your children, or if you have no children, your parents. Your property will be divided according to the rules under Quebec law. For example,

• if you have a spouse and no children, the spouse inherits two-thirds and the parents receive one-third;
• if you have a spouse and children, the spouse receives one-third and the children receive two-thirds;
• if you have no spouse and children, the children receive everything;
• if you have no spouse and no children, the property is divided equally between your parents, and your brothers and sisters or your nieces and nephews;
• if you have no children, no parents, no brothers or sisters, and no nieces or nephews, the spouse inherits everything;
• if you have no spouse, no children, no parents, no brothers or sisters and no nieces or nephews, the State gets the property.