Canada, unlike France or Spain, has no forced heirship. There is no fixed "reserved share" that your children or spouse must receive. In principle you are free to leave your estate to whomever you wish, and to leave a relative out entirely. This is called testamentary freedom.
That freedom is not unlimited. Every province has dependants' relief (also called family provision or dependants' support) legislation that lets a court vary a will when it fails to provide adequately for a spouse or other dependant. Quebec works differently again, with family patrimony and a support claim against the estate. This guide explains the limits that stand in place of a forced share.
No forced heirship, but limits apply
In the common-law provinces there is no automatic legal share. Your children do not inherit by right if you leave a valid will giving your estate elsewhere. What constrains you is the possibility that someone who depended on you will bring a dependants' relief claim, and a court will decide whether your will made adequate provision.
Who counts as a dependant
The definition varies by province but typically includes a person the deceased was supporting, or had a legal duty to support, immediately before death. That commonly covers:
- a spouse, including in many provinces a common-law partner who lived with the deceased for a qualifying period;
- children, including minor children and, in several provinces, adult children who were dependent;
- in some provinces, parents, grandchildren, or siblings who were being supported.
In Ontario, the courts read "dependant" broadly, and it has included stepchildren whom the deceased had a settled intention to treat as their own.
How a dependants' relief claim works
- The dependant applies to court, usually within a set time after probate (for example, six months in several provinces).
- The court asks whether the will made adequate provision for the applicant's proper support.
- If not, the court can order payments or a transfer of property out of the estate, and these orders generally take priority over the gifts in the will.
- A clause that tries to bar a dependant from claiming support is typically void as contrary to public policy.
Provincial overview
| Province | Who can claim support | Notable feature |
|---|---|---|
| Ontario | Spouse, common-law partner, children, parents, siblings if supported | Succession Law Reform Act, Part V; claim usually within 6 months of probate |
| British Columbia | Spouse and children, including independent adult children | WESA s. 60 lets the court vary a will for adult children, broadest in Canada |
| Alberta | Spouse, partner, minor and dependent adult children | Family maintenance and support under the Wills and Succession Act |
| Manitoba, Saskatchewan, Atlantic provinces | Spouse, partner, dependent children | Dependants' relief or family maintenance statutes |
| Quebec | Spouse, descendants, ascendants owed support | Family patrimony first, then a support claim against the succession |
A spouse's separate property rights
On top of dependants' relief, a surviving spouse may have family property rights arising from the marriage itself. In Ontario, for example, a surviving married spouse can elect to receive an equalization of family property instead of taking under the will, which can override what the will provides. These rights are separate from, and in addition to, any support claim.
Quebec: family patrimony and support from the estate
Quebec has no forced heirship either, but two mechanisms protect a surviving spouse and dependants:
- Family patrimony. For married and civil-union spouses, the Civil Code of Quebec divides the net value of certain family property (the family residences, household furniture, family vehicles, and pension rights accrued during the union) in half. This division happens before the estate is distributed and takes precedence over the will.
- Matrimonial regime. The partition of the matrimonial or civil-union regime (for example, partnership of acquests) is also settled before the estate is shared out.
- Support claim against the succession. A spouse, descendants, or ascendants who were owed support can claim a financial contribution from the estate, generally within six months of death (Civil Code of Quebec, arts. 684 and following).
If you still want to leave someone out
- Be deliberate and document your reasons. A short written explanation of why you are leaving someone out can help your executor defend the will.
- Provide for true dependants. Leaving something reasonable to a dependant reduces the risk and cost of a claim.
- Consider gifts during your lifetime or beneficiary designations on registered accounts and insurance, which can pass outside the estate, though they may still be examined in some provinces.
- Get advice for blended families and BC estates, where claims are most common.
Frequently asked questions
Can I leave out an adult child?
In most provinces, yes, if the child was not financially dependent on you. British Columbia is the exception: a court there can still order provision for an independent adult child. Document your reasons either way.
Does my common-law partner have rights?
For dependants' relief, often yes, if you lived together for the qualifying period. For automatic inheritance with no will, common-law partners are treated differently across provinces, so a will is essential. See dying without a will.
Can I disinherit my spouse?
You can try, but a spouse usually has both a dependants' support claim and separate family-property rights (and in Quebec, family patrimony) that can override the will. Disinheriting a spouse rarely succeeds in full.
Will a "no contest" clause stop a claim?
It cannot remove the court's power to award dependants' support. Clauses that try to bar a support claim are generally void.
Next steps
Before deciding how to divide your estate, see what the law does with no will at all in dying without a will, and learn how to write a valid will in how to write a will and our will templates. For the Quebec-specific options, read notarial versus holograph will. Official sources: Ontario Succession Law Reform Act and the Civil Code of Quebec on CanLII.