Does a Spouse Still Inherit After a Breakup in Quebec?
In Quebec, a breakup does not automatically determine whether a spouse, or de facto spouse, will inherit. Instead, the answer depends on the interpretation of the will and the intention of the testator at the time it was made. The Superior Court’s decision in Desjardins-Dufour c. Rodrigue, 2026 QCCS 847 provides a clear illustration: even where a will names a “spouse,” that designation may not survive a later separation if it was intended to apply only within the context of that relationship.
In that case, the Court first identified a key issue: whether the words “conjointe” or “conjointe de fait” were merely descriptive or instead created an implicit condition that the relationship still exist at the time of death. The Court held that such wording can be ambiguous, especially when circumstances have changed significantly after the will was signed, such as a long-term separation. This ambiguity opened the door to a deeper interpretative exercise focused on the testator’s true intention.
The Court then emphasized that Quebec law does not provide a universal rule for de facto spouses. Unlike married spouses, whose legacies may be revoked automatically upon divorce, de facto spouses are governed by general principles of testamentary interpretation. As a result, courts must analyze both the text of the will and the surrounding circumstances, including the nature of the relationship, its duration, and what happened after the separation.
Applying this framework, the Court concluded that the testator’s intention was to benefit his partner only insofar as she remained his spouse. Several factors supported this conclusion: the relatively short relationship, the complete and final separation, the absence of contact afterward, and the testator’s return to a long-term partner with whom he rebuilt his life. The Court also noted that the structure of the will itself, particularly references to shared life circumstances and tax benefits tied to spousal status, suggested that the legacy was tied to the continuation of the relationship.
Ultimately, the Court held that the designation of the former spouse had become caduc (lapsed) because the implicit condition of being a spouse at the time of death was no longer met. The decision underscores an important practical lesson: in Quebec, a breakup does not automatically revoke a testamentary gift to a partner, but it may do so where the will, properly interpreted, shows that the gift was conditional on the continuation of the relationship. Careful drafting and timely updates remain essential to avoid uncertainty.
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