This blog post was written by: Ophely Karam, Estate and Trust Consultant, Scotiatrust Montreal

 

There are many ways to complicate your loved ones’ lives after your death. Dying intestate in Québec when you have minor children is one of the most efficient.

From the outside, legal devolution under the Civil Code of Québec (“CCQ”) looks orderly, even comforting, as it establishes clear rules, predictable outcomes, and a legislated safety net for heirs. In reality, when an estate involves minor heirs, those same rules can become a procedural obstacle course that is full of delays, authorizations and oversight bodies. Add immovable property to the mix, and what could have been a straightforward estate settlement turns into a slow-moving legal puzzle.

For professionals advising clients, this is not a hypothetical risk. It is a recurring and avoidable mess.

1. Governed by the Civil Code of Québec, whether you like it or not

When a Québec resident dies without a Will, their estate is distributed according to the rules of legal devolution set out in the CCQ. In other words, the law determines who inherits and in what proportions, based on family ties existing at the time of death.

Note: As of June 30, 2025, Québec’s Bill 56 introduced the parental union regime, which extends intestate succession rights to de facto spouses who are parents of the same child born or adopted after that date. This reform is significant but not retroactive. It does not apply to couples who were already parents before June 30, 2025, unless they voluntarily opt in. Refer to earlier article “Quebec’s Parental Union Regime: A New Legal Framework for Unmarried Parents” for more information.

Did you know:

• After prior entitlements arising from family patrimony or parental union patrimony, matrimonial regime, and, of course, debts, the surviving spouse shares the estate with the children. The spouse is legally entitled to only one-third of the remainder and the children to two-.
• If there is no surviving spouse, the children inherit everything, regardless of age.

• If the deceased has no children or other descendants but is survived by a spouse, as well as parents, two-thirds of the succession goes to the surviving spouse and one-third to the parents. Better hope the surviving spouse gets along with the in-laws!

On paper, this might seem fine. In practice, it is rigid, impersonal, and indifferent to the realities of family life, particularly where children are concerned.

Legal devolution does not ask whether assets should be staggered over time, whether one child has special needs, or whether liquidating a family home makes any sense. It distributes ownership, not solutions.

2. When Inheritance Comes with Adult Supervision (Lots of It)

A minor cannot administer property. Consequently, when a minor inherits under Québec law, their share must be administered by a tutor to property until they reach the age of majority. Most often, the surviving parent fills this role, but that does not mean the process is informal or discretionary.

Significant assets trigger legal oversight. More specifically, when the value of the minor’s patrimony exceeds $40,000, the law provides for oversight of the tutor by a tutorship council. Certain decisions such as selling real estate, renouncing a succession, or making major financial moves will require the involvement of a tutorship council and, sometimes, judicial authorization. The Public Curator may step in, in some cases, to ensure the child’s interests are protected.

None of this is fast, cheap, or simple…and much of it could have been avoided if the deceased had planned properly!

3. Immovable Property = A Nightmare to Deal With in the Absence of A Will

A minor can inherit ownership of real estate property but cannot independently sell it or mortgage it as it requires the authorization of the Court, which seeks the advice of the tutorship council. The decision is solely based on the minor’s interests, as it must be proven necessary either to ensure his education and maintenance, to pay his debts, to maintain the property in good order or to safeguard the value of his patrimony.

Meanwhile, someone must pay property taxes, insurance, maintenance costs, and possibly a mortgage, all while waiting for said approvals.

If there are multiple heirs (some minors, some adults), disagreements about use, sale price, or the timing of the sale are common. The law provides mechanisms to resolve them, but those mechanisms are neither quick nor elegant.

The result is often frozen assets, deteriorating properties, and an estate slowly bleeding value while everyone waits for permission to act.

4. The Hidden Cost of “The Law Will Take Care of ”

The CCQ will take care of it, but not efficiently, flexibly, or at all according to the deceased’s wishes.

Without a Will, a person:

• Does not choose who administers their children’s inheritance.
• Does not control when or how they receive it.
• Does not protect immovable property from forced or poorly timed liquidation.
• Does not reduce oversight, delays, or professional fees.

Instead, they outsource these decisions to statutory rules and institutions that must prioritize caution over all else.

5. Failing to Sign a Will is not a Neutral Choice

For professionals advising clients with minor children, it is worth being blunt: intestacy is not neutral, it is choosing the CCQ’s default plan with all its rigidity, supervision, and procedural drag.

Legal devolution may work for simple estates with adult heirs and liquid assets, but the moment minor children enter the picture, it becomes a source of friction, cost, and delay that benefits no one.

A properly drafted Will does not just distribute property. It reduces legal intervention, preserves value, and gives families room to breathe at a moment when they least need bureaucratic complexity.

And that is why dying without a Will when you have minor children isn’t just unfortunate —  it’s a failure of planning that plays out in very specific, very predictable, and very preventable ways.