I don’t get it….you say you are Canadian Legal Wills, but you don’t support Québec. Québec is a part of Canada you know…
Whenever we receive any kind of feedback, we always do everything we can to address the issue, but the support of Québec Wills is a really tricky challenge.
Background to Québec Law on Wills
To provide some background, Québec law was established around the middle of the 17th century. Louis XIV decreed that the laws of Québec would be based on the laws of Paris which were a variant of “civil law”. Although the laws changed a little in the years that followed, the Québec Act of 1774 reinstated the Civil law system for the Province of Québec even though it had since been placed under British rule. When Canada was officially created in 1867 all Provinces adopted the British “Common law” of English origin while Québec retained their “Civil Law” derived from the Napoleonic code.
If a Canadian dies without a Will, they have left a bit of a mess for their loved ones, and sadly missed out on an opportunity to distribute their assets in a meaningful way. Instead of recognizing friends or organizations that have made an impact on their life, they have left all of the planning to their Provincial government who have already decided how the assets will be divided. It may come as a surprise however, to learn that every Province is different and that there are some very inaccurate assumptions. In this post we will run through a few scenarios, and highlight some Provincial differences.
Let us start with the most common misconception;
If you are married, then your entire estate will go to your spouse.
The statistics still show that over 65% of adults in Canada do not have an up-to-date Last Will and Testament – even though most people know that they need a Will. Once in a while, somebody will tell us that they don’t need a Last Will and Testament – yet. Here are the top ten excuses for not having a Will, and we will explain why everybody should take the time to prepare their Will write now.
1. Everything is going to my spouse whether I have a Will or not
In reality, there is not a single Province in Canada in which you can guarantee that this will be the case. Without a Will, the distribution of your estate is determined by “intestate law”, which follows a rather complicated flow depending on your family situation. What makes it more complicated is that no two Provinces are the same. In most Provinces, if you are married with children, your spouse will not receive the entire estate. Continue reading
This is now our fourteenth year of offering our Wills service at LegalWills.ca so we have decided to refresh the look and feel of our site. Our website and service are now fully responsive; as well as looking more modern, it is fully functional on all devices including your phone and tablet.
Since August 2010 we have been offering information and entertainment through our blog at legalwills.wordpress.com. There are well over 100 articles there, but with our newly designed site we have decided to migrate our blog over to LegalWills.ca.
So we are starting afresh, but hopefully it won’t take us long to share another hundred or so articles with you.