Nobody really thinks about these questions on a day-to-day basis — and that's completely understandable. But imagine for a moment that your spouse were to pass away tomorrow. Do you know what they would be entitled to? Do you know what would come to them as a matter of right, and what could slip away from them entirely? For many couples in Laval and the greater Montréal area, the answer is no. And that lack of awareness can have significant — and often painful — consequences at the worst possible moment.
Your Relationship Status: A Difference That Changes Everything
In Québec, not all couples are equal under the law when a death occurs. Quebec law distinguishes three very different situations: married couples, civil union partners, and de facto spouses (common-law partners).
Married Couples or Civil Union Partners
For married couples or civil union partners, Quebec law provides a certain framework of automatic protection. The surviving spouse benefits notably from rights tied to the family patrimony and, depending on the matrimonial regime chosen, a share of the assets accumulated during the union. These mechanisms exist independently of a will — but they have their limits, and their practical application can sometimes come as a surprise.
De Facto Spouses: Parental Union or Not
For de facto spouses, the situation depends on whether or not they are in a parental union. The consequences of a death are not the same depending on whether or not the partners are in a parental union. If the de facto spouses are not in a parental union, the surviving spouse is not a legal heir. In the absence of a will providing for provisions in their favour, the surviving spouse therefore does not automatically inherit the deceased’s property. If the spouses are in a parental union, the surviving spouse may be called to the estate under the rules of legal devolution, even in the absence of a will. This does not mean, however, that the surviving spouse will necessarily receive all of the deceased’s property: their rights will depend on the family situation and the rules applicable to the estate. In both situations, a will remains an important tool.
What Happens in the Absence of a Will
When a person dies without a will in Québec, they are said to have died ab intestat. In the absence of a valid will, the estate is devolved according to the rules set out in the Civil Code of Québec.
For a married spouse, a portion of the estate may come to them under the law. But that portion is not necessarily the entirety of the assets, and other heirs — children, parents — may also have rights. For a de facto spouse, the situation depends on whether or not there is a parental union, as explained above. Me Petrulian will walk you through the details during your consultation, as every family situation is unique.
The Will and the Marriage Contract: Tools for Active Protection
The best way to protect your spouse is to take action while you are still alive. A notarial will allows you to clearly designate your spouse as your heir, express your wishes, and avoid family conflicts after your passing. For married couples, the marriage contract can also include clauses that are favourable to the surviving spouse — such as the attribution of specific assets or particular rights.
These documents are not reserved for elderly people or wealthy families. They are useful at every stage of life, whenever you wish to ensure that your partner is protected. In Sainte-Dorothée, as elsewhere in the greater Montréal area, many couples unfortunately wait for a triggering event before taking action — often too late.
The Family Home: A Risk That Is Often Underestimated
The family home is often a couple's most significant asset. Yet the surviving spouse's rights to that residence are not automatically guaranteed — especially if it is registered in only one partner's name. Under Quebec law, certain protections exist for married couples, but they come with conditions and time limits. For a de facto spouse, the situation can be even more precarious.
Speaking with a notary in Laval about the family home before an emergency arises means ensuring that no one finds themselves in an impossible situation at the most difficult of times.
Planning Together: The Greatest Gift You Can Give
Planning your estate is, above all, an act of love. It is a way of telling your spouse: I thought of you, even for the moments when I will no longer be there. A well-prepared estate plan, developed together and guided by a professional, offers a peace of mind that nothing else can replace.
And contrary to what people often assume, this process is neither lengthy nor complicated when you have the right support.
Consult Groupe Synergie Notaires
At Groupe Synergie Notaires, in Laval, Me Mirabela Petrulian guides couples of all configurations through their estate planning — with attentiveness, rigour, and care. Whether you are married, in a civil union, or a de facto spouse, it is never too early to take stock of your situation.
📍 67 Boulevard Samson, Laval (Sainte-Dorothée), QC H7X 3E6 📞 (514) 399-1009 ✉️ info@gsnotaires.com
Book your appointment with Me Mirabela Petrulian today — a single consultation can make all the difference for the person you love.
Important notice: The information presented in this article is provided for informational purposes only. It does not constitute legal advice and is not a substitute for a consultation tailored to your particular situation.
This text is provided for informational purposes only and does not constitute legal advice. As each situation is unique, it is recommended that you consult a professional to obtain advice tailored to your particular situation.