Will

Juliette and Antoine have been married for five years now.
They have two young children, aged 2 and 4 respectively.
They are co-owners of a lovely house that Antoine, a building contractor, built himself.
For her part, Juliette stays at home to devote herself to raising their young children.
Although this situation is only temporary, for the time being, Antoine is in charge of making the mortgage payments and all the family’s other bills.
Although they only have one salary, their financial situation is in good shape.

On a cold winter’s day, Juliette had a car accident and died suddenly.
Although the notary had stressed the importance of making a will when they bought their house, it turns out that Juliette had no will.
During an initial meeting with his notary to settle the estate, he informs Antoine that he will only receive a third of his wife’s estate.

Did you know that without a will, children inherit a larger share of the estate than a spouse?
In fact, according to Article 666 of the Civil Code of Quebec, if the deceased leaves a married spouse and children, the succession devolves to them.
The married spouse receives one-third and the children two-thirds.

Antoine then became co-owner of his house with his two minor children.
It will be possible for him to buy back their share in the house, but not without going through a costly and complex legal process.

What’s more, if each child’s share exceeds $25,000, the Curateur public du Québec must be notified, and a tutorship council made up of three family members must be set up to oversee the administration of the children’s inheritance until they reach the age of majority.

A will would have greatly simplified the situation! If you are faced with such a situation or need advice, please do not hesitate to contact our notary.