One of the most interesting and challenging aspects of working in the trusts and estates field is how different the rules can be, not just internationally, but within our national borders.

For example, this week I was chatting with my Quebec colleagues about Bill 56 – An Act respecting family law reform and establishing the parental union regime. It amends provisions of the Civil Code of Quebec (the “Code”) and creates a new legal framework for unmarried couples who have children together. It specifies that parents of the same child, born or adopted after June 30, 2025, who cohabit together and publicly present themselves as a couple (referred to as de facto spouses) will now have protection similar to that of married couples with respect to assets belonging to the family patrimony, including the family residence and furnishings. This is a big change for Quebec where currently the approximately 40% of couples who live in a de facto union have no such financial rights or obligations.

The Bill also amends article 653 of the Code related to the devolution of an intestate succession. Currently, the Code explicitly excludes a de facto spouse from the provisions providing for the devolution of a deceased’s estate. Under the new rules a surviving de facto spouse in a parental union who’s been living in community with the deceased for more than one year, will have claim to one-third of the deceased’s estate on intestacy. There are many more details and nuances of course, and practitioners in Quebec have been readying themselves for this significant legislative change.

All the while, practitioners in other provinces grapple with the nuances of their own legislation. I spoke with a colleague in Ontario this week about clients who’ve been living common law for decades and didn’t realize the laws related to property division on relationship breakdown or death were so different for them as compared to married spouses. The news was enough to finally convince them of the importance of getting their estate planning documents finalized.

The “default” rules related to property division and financial support are vastly different across the country, but in every province and territory people retain the right to opt out of the default rules and into rules that better align to their and their family’s values. Things like beneficiary designations, Wills, substitute decision making documents, trusts, marriage contacts, shareholders’ agreements can create bespoke solutions for every conceivable family unit. Which is where we come in – together we help Canadians understand their rights, obligations, and opportunities and how professional advice is the key to better outcomes, wherever in this great country they may live.