Inheritance Rules Don’t Always Work The Way You Expect
I was recently reminded of a conversation I had last year with an immigrant who wondering why they might need a will. In her home country, wills are not as common as their laws dictate the way inheritance works.
Many newcomers are unaware of how the laws work in Canada, especially if inheritance worked very differently in their home country. They often ask, do immigrants need a will?
This misunderstanding is incredibly common. In many countries, inheritance laws play a far more active role in deciding who receives what. In Canada, the responsibility shifts heavily to the individual. Without a will, the outcome is often very different from what people expect, and not always in a good way.
Why This Confusion Is So Common
Many immigrants come from civil-law, religious-law, or hybrid legal systems, where inheritance is guided by prescribed rules rather than personal choice. In those systems, the law often determines who inherits and in what proportions, and making a will may be optional or secondary.
Others arrive from common-law countries like England or the United States and assume the system will feel familiar. While the foundation is similar, the practical rules around intestacy, executorship, and family entitlements are not the same.
In broad terms:
- Prescriptive legal systems rely on legislation or set formulas to protect family members
- Common-law systems rely on individuals to clearly state their wishes
Canada, the United States, and England all fall into the second category. But that distinction is not always obvious to someone new to the system.
How Inheritance Works in Many Civil-Law and Prescriptive Legal Systems
In many parts of the world, including Europe, Asia, the Middle East, and Latin America, inheritance laws follow structured legal frameworks where family entitlements are defined by statute. In countries such as France, Spain, Italy, Germany, Japan, and others with similar systems:
- The law mandates inheritance shares for children and sometimes parents
- A will can only control a limited portion of the estate
- Estates are typically administered through notaries or court-supervised processes
- Family protection and predictability are built directly into the law
People may still create wills, but often for clarification rather than control. If no will exists, the estate still follows a clear statutory path.
How Canada, the U.S., and England Approach Inheritance
Canada, the United States, and England are all common-law jurisdictions. In these systems:
- You generally have freedom to decide who inherits
- The law does not automatically protect adult children
- A will is the primary tool for expressing your wishes
- Without a will, intestacy rules apply, and they can be blunt and impersonal
In other words, the law steps back and expects you to step forward.
Civil-Law Countries vs. Common-Law Countries
| Feature | Civil-Law / Prescriptive Legal Systems | Common-Law Countries (Canada, U.S., England) |
|---|---|---|
| Who decides inheritance? | Largely determined by law | Determined by your will |
| Is a will essential? | Often optional or limited | Critical |
| Are children guaranteed inheritance? | Yes, in most cases | No |
| What happens without a will? | Estate follows statutory formula | Intestacy rules apply, often unpredictably |
| Who manages the estate? | Notaries or courts | Executor chosen by you or appointed by court |
| Risk of unintended outcomes | Lower for distribution | High without a will |
Even in countries where inheritance is dictated by law, estates still require formal administration. Professionals are involved, paperwork is required, and taxes must be settled. Automatic distribution does not eliminate complexity.
So Where Does Quebec Fit In?
Quebec is the exception in Canada.
Unlike the rest of the country, Quebec follows a civil-law system, inherited from French legal tradition. This affects how estates are administered and how legal concepts are interpreted.
However, and this is important:
- Quebec does not have forced heirship like France or Spain
- You can still largely decide who inherits through a will
- The legal structure and terminology are different, but the need for a will remains
In short, Quebec is civil-law in structure, but not automatic in outcome. People there still need wills to avoid default rules and unnecessary complications.
Don’t Assume It Will Work the Same Way
If you moved to Canada from another country and have not reviewed how inheritance works here, this is worth paying attention to. Assumptions that made sense elsewhere may not protect your family in Canada. Reach out if you have questions.
The Real Risk for Immigrants in Canada
The biggest issue I see is not lack of responsibility. It is misplaced confidence.
Common assumptions include:
- “My spouse will automatically get everything”
- “My children will figure it out”
- “The law will follow common sense”
Canadian intestacy rules do not operate on common sense. They operate on legislation.
Without a will:
- Courts may appoint someone you would not have chosen
- Administration can be delayed and more expensive
- Family conflict becomes more likely, not less
This risk increases for blended families, common-law relationships, and families with relatives or assets outside Canada.
Estate planning rules reflect a country’s legal culture. When you move, those rules change. What felt automatic before may now require clear instructions.
Why a Canadian Will Matters So Much
A will in Canada does more than distribute assets. It gives legal authority to act, names the person you trust to carry out your wishes, and provides a clear roadmap at a time when emotions and uncertainty often run high.
Without that clarity, families are left relying on default rules, court processes, and assumptions that may not reflect how your life actually works. This is especially true when family members live in different countries, relationships are blended, or expectations are shaped by another legal system.
For many immigrants, creating a Canadian will is not about planning for death. It is about making sure the life they built here is respected and handled with care. It brings Canadian law into alignment with their reality, so the people they leave behind are supported rather than burdened.
Need Help Making Sense of the Differences?
If you are unsure whether your estate plan reflects Canadian law, I help individuals and families understand these differences and get organized before problems arise. A small amount of planning now can prevent significant stress later.
Understanding how wills work in Canada is not about doing everything perfectly. It is about making sure the people you care about are not left navigating uncertainty during an already difficult time.
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Disclaimer: This content is for general information only and is not legal, financial, medical, or tax advice.
