Quebec Common-Law Spouse and a $2M Estate: What the Civil Code Means for Your Inheritance in 2026

The $2M Estate That Skips the Surviving Partner Entirely

Quebec is the only province in Canada where a common-law spouse — legally called a de facto spouse or conjoint de fait — has absolutely no automatic right to inherit from their partner's estate. No intestacy share. No dependant's relief claim. No family patrimony division.

Under articles 653 to 658 of Quebec's Civil Code, when a person dies without a valid will (intestate), the estate is distributed to legal heirs in a fixed order: descendants (children) first, then the married or civil union spouse together with descendants, then parents and siblings. A de facto spouse is not on that list at all.

On a $2,000,000 estate — a family home worth $900,000, RRSPs and TFSAs totalling $600,000, a non-registered investment portfolio of $400,000, and a life insurance policy worth $100,000 — the surviving common-law partner's legal entitlement without a will is $0. For a broader overview of how estate taxation works across Canada, see our complete guide to inheritance tax in Canada for 2026.

Why Quebec Is Different From Every Other Province

Quebec uses a civil law system derived from French law — the Code civil du Québec — rather than the common law system used in every other Canadian province. This distinction matters enormously for unmarried couples.

In British Columbia, a common-law spouse who has lived with the deceased for at least two years has the same inheritance rights as a married spouse under the Wills, Estates and Succession Act. In Alberta, common-law partners gain inheritance rights after three years of cohabitation. In Ontario, while common-law partners do not automatically inherit, they can make a dependant's relief claim if they were financially dependent on the deceased.

Quebec offers none of these protections. The Civil Code does not recognize de facto unions for any purpose related to succession, family patrimony, or compensatory allowance. A couple who lived together for 30 years in Quebec has fewer inheritance rights than a couple who lived together for two years in BC.

What "De Facto Union" Actually Means in Quebec Law

The term conjoint de fait (de facto spouse) appears in some Quebec statutes — for example, social assistance legislation and certain pension regulations — but the Civil Code itself does not define or regulate de facto unions in any comprehensive way.

This creates a confusing patchwork. A Quebec common-law partner may be recognized as a spouse for:

• Federal income tax purposes — after 12 months of cohabitation or having a child together (Income Tax Act definition)
• QPP (Quebec Pension Plan) survivor benefits — after three years of cohabitation, or one year if the couple has a child
• Some provincial social programs — eligibility criteria vary by program

But a Quebec common-law partner is not recognized for:

• Inheritance under intestacy rules (Civil Code)
• Family patrimony division at death or separation (Civil Code)
• Compensatory allowance for contributions to the other spouse's enrichment (Civil Code)
• Support obligations after separation (Civil Code)

The Supreme Court of Canada upheld this distinction in Quebec (Attorney General) v. A, 2013 SCC 5, ruling that Quebec's exclusion of de facto spouses from the family patrimony and support provisions of the Civil Code did not violate the Canadian Charter of Rights and Freedoms. The court held that the legislature's choice to respect individual autonomy — the freedom to choose a relationship form without automatic legal consequences — was constitutionally valid.

Quebec's Family Patrimony Rules: What Applies at Death

The family patrimony (patrimoine familial), established under articles 414 to 426 of the Civil Code, is a mandatory regime that applies to all married and civil union spouses in Quebec. It cannot be waived or contracted out of.

At death, the surviving married or civil union spouse is entitled to half the net value of the family patrimony before the estate is distributed to heirs. The patrimony includes:

• Family residences (owned by either spouse)
• Household furnishings in the family residences
• Motor vehicles used by the family
• Accumulated value of retirement plans (RRSPs, RRIFs, pensions) during the marriage or civil union

On a $2M estate where $900,000 is the family home, $150,000 is in household furnishings and vehicles, and $400,000 is the RRSP growth during the union, the family patrimony value is approximately $1,450,000. A surviving married spouse would receive $725,000 off the top — before any inheritance distribution.

A surviving de facto spouse receives $0 from the family patrimony. The entire $1,450,000 stays in the estate and passes to the legal heirs under the will or intestacy rules.

RRSP and RRIF Spousal Rollovers: The One Rule That Still Works

Here is the one area where Quebec common-law partners are treated the same as married couples. The federal Income Tax Act — which applies uniformly across Canada regardless of provincial family law — recognizes common-law partners after 12 months of cohabitation.

Under subsection 70(6) of the Income Tax Act, RRSPs and RRIFs can roll over to a surviving common-law partner on a tax-deferred basis. The full value of the registered account transfers to the surviving partner's RRSP or RRIF without triggering any immediate tax. For more on how deemed disposition works at death, see our guide to deemed disposition and capital gains at death.

But there is a critical condition: the surviving partner must be named as the beneficiary on the RRSP/RRIF account or in the will. If no beneficiary is designated, the RRSP becomes part of the estate — and under Quebec's intestacy rules, the de facto spouse has no claim to any estate assets.

Worked Example: A Blended Family Where the Surviving Partner Inherits $0

Marc and Sophie have lived together in Laval, Quebec, for 12 years. Marc is 58 and has two adult children from a prior marriage. Sophie is 54 and has one child from a prior relationship. They own a home together (titled in Marc's name, worth $900,000), and Marc has $600,000 in RRSPs, a $400,000 non-registered investment account, and a $100,000 term life insurance policy through his employer (with no named beneficiary).

Marc dies suddenly without a will.

What Happens Under Quebec Intestacy Rules

Sophie has lived in the home for 12 years, contributed to the mortgage payments, and helped raise Marc's children. Under Quebec law, none of this matters. She has no claim to the home, no right to the RRSPs, no share of the investments, and no life insurance proceeds. Marc's children can require her to vacate the home.

The Tax Consequences Make It Worse

Because Sophie is not recognized as a spouse under the Civil Code and no beneficiary designation was made in a will, the RRSPs cannot roll over to Sophie tax-free. The entire $600,000 RRSP is deregistered on Marc's final tax return as income, generating a tax bill of approximately $280,000 to $300,000 at Quebec's combined top marginal rate of 53.31%.

The non-registered investments trigger a deemed disposition. If Marc's adjusted cost base was $200,000, the $200,000 capital gain adds another approximately $50,000 to $65,000 in tax under the 2026 inclusion rates. For more on how capital gains are taxed on inherited property, see our guide to capital gains on inherited property.

The Three Documents That Fix the Exposure

The solution is not complicated. It requires three documents, each serving a different purpose. Together, they provide a Quebec de facto spouse with protection that approaches — though never fully equals — what a married spouse receives automatically.

Document 1: A Notarial Will Naming the De Facto Spouse

A will (testament) is the single most important document for a Quebec common-law couple. Quebec recognizes three types of wills: notarial (made before a notary), holograph (handwritten and signed), and witnessed (signed before two witnesses).

A notarial will is strongly recommended because it does not require probate — it is automatically authentic under Quebec law. This means the estate can be settled faster and with lower legal costs. A notarial will also cannot be challenged on technical grounds (improper witnessing, unclear handwriting) the way holograph and witnessed wills can.

The will should:

• Name Sophie as a beneficiary (specifying exact assets or a percentage of the estate)
• Designate Sophie as the beneficiary of RRSPs, RRIFs, and TFSAs (this is the legally binding method in Quebec)
• Name Sophie as the beneficiary of any life insurance policies
• Appoint a liquidator (Quebec's term for executor) — ideally someone other than Sophie if there are children from a prior relationship, to avoid conflicts of interest
• Include a usufruct or right of habitation for the family home if Sophie is not the outright heir — this lets her continue living in the home even if ownership passes to Marc's children

Document 2: A Cohabitation Agreement

A cohabitation agreement (convention de vie commune) establishes the financial ground rules of the relationship. While it cannot replicate the family patrimony, it can:

• Define how jointly acquired property is owned and what happens if the relationship ends
• Establish mutual support obligations during the relationship and after separation
• Document each partner's financial contributions (useful for unjust enrichment claims)
• Create a framework for dividing household expenses, debts, and shared investments

A cohabitation agreement should be prepared by a Quebec notary and signed by both parties. Cost: $1,000-$2,500 depending on complexity.

Document 3: Updated Beneficiary Designations

Every registered account (RRSP, RRIF, TFSA) and life insurance policy should name the de facto spouse as the beneficiary. In Quebec, remember that beneficiary designations made directly with the financial institution on RRSPs and RRIFs are not legally binding — the designation must be made in the will or in an insurance contract.

For life insurance policies, the designation can be made either in the policy itself or in the will. Naming the partner directly in the insurance contract means the proceeds bypass the estate entirely and go straight to the partner — avoiding potential claims from other heirs. For more on how estate planning works for blended families, see our guide to estate planning for blended families.

What Marc's Estate Looks Like With Proper Planning

Assume Marc had executed all three documents: a notarial will leaving 60% of his estate to Sophie and 40% split between his two children, RRSP beneficiary designations naming Sophie in the will, and a life insurance policy naming Sophie directly.

Civil Union: The Middle Ground Most Couples Overlook

Quebec offers a formal alternative to marriage that many couples are not aware of: the civil union (union civile). Created in 2002, it provides essentially the same rights and obligations as marriage — including inheritance rights, family patrimony division, and support obligations — without the religious or cultural associations of a traditional marriage.

A civil union requires a formal ceremony before a competent officiant and registration with the Directeur de l'état civil. It can be dissolved through a notarial joint declaration (if both partners agree) or through a court judgment — a simpler process than divorce in most cases.

For couples who want the legal protections of marriage but prefer not to marry, a civil union is the most comprehensive solution. It automatically provides everything that requires three separate documents for de facto spouses — and some protections (like family patrimony division) that a will and cohabitation agreement cannot fully replicate.

What Quebec Common-Law Couples Should Do Now

The cost of doing nothing is the highest-risk outcome. Here is a practical checklist:

1. Make a notarial will immediately. This is the single most important step. A notarial will costs $800-$1,500 in Quebec and does not require probate. Name your de facto spouse as a beneficiary and designate them as the beneficiary of your RRSPs, RRIFs, and TFSAs within the will.
2. Review all beneficiary designations. Check every RRSP, RRIF, TFSA, and life insurance policy. Remember that in Quebec, RRSP/RRIF beneficiary designations made directly with the financial institution are not legally binding — update the will instead.
3. Execute a cohabitation agreement. Have a Quebec notary prepare a convention de vie commune that documents property ownership, financial contributions, and mutual obligations.
4. Consider a civil union. If you want automatic inheritance rights, family patrimony division, and support obligations without a traditional marriage, a civil union provides all of these. It is the most complete solution for Quebec de facto couples.
5. Title property strategically. If both partners contribute to the family home, ensure the title reflects both names. Joint ownership with a right of survivorship means the surviving partner automatically inherits the other's share — but Quebec does not recognize the common law concept of "joint tenancy with right of survivorship" the same way other provinces do, so get notarial advice on the appropriate ownership structure (indivision with a survivorship clause).
6. Review and update every 3-5 years. Relationship changes, new children, property acquisitions, and changes in asset values all require updates to your documents. For more on proactive estate planning steps, see our estate planning checklist for 2026.