Wills and common-law partners

Valérie has been living happily with Sébastien for 20 years.
The couple has no children of their own.
Over the years, they have accumulated a beautiful home, a lake cottage and a motorboat, both purchased in Sébastien’s name.
They never felt the need to marry, as they felt comfortable in their situation.
On an unfortunate winter’s evening, when the roads were particularly slippery, Sébastien had a car accident and died.

Unfortunately, Valerie realizes that she and Sébastien have never discussed their wishes as to what they would like to leave each other, should one of them die before the other.
They never saw the need to make a will, since they always considered themselves protected by the simple fact of having been together for so many years.

As a result, when Sébastien’s estate is opened, Valérie learns that she will inherit neither their house, nor the cottage, nor the boat.
Given the absence of children and the fact that the couple were not married, all assets will be given to Sébastien’s sister.
She is the sole legal heir according to the rules of succession, although she is a family member with whom Valérie does not have a good relationship.

Did you know that if a person in a common-law relationship dies without a will, his or her partner is not considered a legal heir by law?
In fact, if you wish your common-law partner to inherit some of your property, you must make provision for this in a will.
Only a will can ensure the protection of your designated heirs and guarantee that your assets will be bequeathed according to your wishes.
In this way, you can determine precisely which assets you wish to bequeath to your partner, children or other family members.

If you are faced with such a situation, or if you need advice, you can consult a lawyer.

For more information, don’t hesitate to contact them at: (514) 326-4553 or toll-free at 1-855-505-1515 or by e-mail at info@brunetassocies.com.