Naming a beneficiary in Québec: the rules to know

It is the line on the form people spend the least time on. Name of the beneficiary, relationship to the insured, signature. Fifteen seconds, maybe twenty. Then you move on to the next page, the one with the health questions, which seems much more serious.

Twelve years later, that same person calls their insurer to change that name. A separation, a blended family, a child born in the meantime: the reasons are ordinary and common. And they learn that they cannot do it on their own.

This is not a mistake by the insurer. It is the Civil Code of Québec, and it is one of the most distinctive rules in Québec law when it comes to life insurance.

The word often missing from the form: "revocable"

Article 2449 of the Civil Code of Québec sets out a presumption few people know about:

"The designation of the person to whom the policyholder or the participant is married or in a civil union as beneficiary, made in a writing other than a will, is irrevocable unless otherwise stipulated."

The same article continues: "The designation of any other person as beneficiary is revocable unless otherwise stipulated in the policy or in a separate writing other than a will."

The default rule therefore flips depending on who is named. For your spouse or your civil union partner: irrevocable, unless you write the opposite. For anyone else — a child, a parent, a de facto (common-law) spouse, an organization: revocable, unless you write the opposite.

Éducaloi, the Québec legal information organization, sums up the practical consequence: you must obtain the current beneficiary's permission before making a change "when the current beneficiary of the insurance is your married spouse or civil union partner, unless that designation is 'revocable.'"

The word to add to the form is short, and its absence does not jump out at you. That is why the rule surprises so many people.

What irrevocability stops you — and does not stop you — from doing

An irrevocable designation is not a symbolic formality. Article 2458 specifies that it "binds the policyholder even if the designated beneficiary is unaware of it." Your spouse therefore does not need to have been informed, or to have accepted anything, for the lock to exist.

Two things remain permitted to you. Article 2454 provides that the policyholder keeps the right to participate in the benefits and other advantages the contract confers on them, "even if the beneficiary has been designated irrevocably." And article 2460 adds that the policyholder and the participant may dispose of their rights, "subject to the rights of the beneficiary."

What you cannot do is change the name without written consent. The Code provides, moreover, in article 2449, that where revocation is possible, "revocation shall be effected in writing; it need not be express, however."

The de facto spouse: the rule does not apply, in either direction

Look again at the text of article 2449. It refers to "the person to whom the policyholder is married or in a civil union." The de facto spouse does not appear there.

The presumption of irrevocability therefore does not apply to them: their designation is revocable by default, like that of any other person. You can change it without their consent.

That is flexibility. It is also its exact flip side: nothing protects the position of a de facto spouse named as beneficiary, apart from a stipulation of irrevocability written into the policy or into a separate writing.

Above all, a de facto spouse receives nothing from a life insurance policy if they are not named. There is no implicit designation in their favour: the name must be written down, and the insurer must have received it.

A word about inheritance, because the nuance is recent and often reported inaccurately. Éducaloi writes that in a de facto union, you "do not inherit if your de facto spouse dies without a will." That statement is about the de facto union, and it no longer holds without qualification since the creation of the parental union, in force June 30, 2025.

What the parental union reform changed, and what it did not

Since June 30, 2025, Québec has recognized a new status, and it genuinely changes things. According to Éducaloi: "If you and your de facto spouse have a child together born or adopted since June 30, 2025, you are in a parental union."

That reform amended the law of succession. Article 653 of the Civil Code, as amended in 2024, now provides that the succession devolves to the surviving spouse "who was bound to the deceased by marriage, by civil union or by parental union." A spouse in a parental union therefore inherits in the absence of a will, on the same footing as a married spouse or a civil union partner. Article 666 specifies that where the deceased leaves a spouse and descendants, "the spouse takes one-third of the succession and the descendants the other two-thirds."

The chapter of the Civil Code devoted to insurance of persons, for its part, did not follow. In the text consolidated as of April 1, 2026, the expression "parental union" appears nowhere in that chapter, and articles 2449, 2457 and 2459 still carry only their 1991 and 2002 amendments. Article 2449 continues to refer to "the person to whom the policyholder is married or in a civil union."

On a reading of the text, a spouse in a parental union therefore inherits in the absence of a will, but does not fall within the presumption of irrevocability in article 2449: their designation follows the general rule and remains revocable, unless otherwise stipulated. The two regimes have not evolved at the same pace: this is the kind of nuance to have confirmed by a notary.

The money does not pass through the estate

A second distinctive feature, and this one works in favour of loved ones. Article 2455 is categorical: "The sum insured payable to a beneficiary does not form part of the succession of the insured."

The Government of Québec puts it this way: "life insurance is excluded from your succession if you have expressly designated a beneficiary in your insurance policy," and "the insurance proceeds are paid to the designated beneficiary following your death, regardless of the acceptance of the succession."

There is one exception, and it is created by the very wording of the designation. Article 2456 provides that insurance payable "to the succession or to the assigns, heirs, liquidators or other legal representatives of a person" does, on the contrary, form part of that person's succession. The Government of Québec draws up the same list of expressions to watch for: "to the succession," "to the assigns," "to the heirs," "to the liquidators," "to the legal representatives."

Writing "my heirs" rather than a name is therefore not a handy shortcut. It is a change of legal regime.

Exemption from seizure: who it applies to

Article 2457 protects the rights conferred by the contract from creditors, but only for a specific list of beneficiaries:

"Where the designated beneficiary of the insurance is the married or civil union spouse, descendant or ascendant of the policyholder or of the participant, the rights conferred by the contract are exempt from seizure until the beneficiary receives the sum insured."

Two boundaries to keep in mind. The list in the text is closed: married spouse, civil union spouse, descendant, ascendant — the de facto spouse, including in a parental union, is not named in it. And the protection ends once the sum has been received.

Article 2458 adds a second route, independent of family relationship: "So long as the designation as irrevocable subsists, the rights conferred by the contract on the policyholder, the participant and the beneficiary are exempt from seizure."

Separation, divorce, dissolution: what falls away on its own

Article 2459 draws a clear distinction between two situations.

Separation from bed and board (séparation de corps) "does not affect the rights of the spouse, whether beneficiary or subrogated policyholder." The court may, however, when it grants the separation, declare those rights revocable or null.

Divorce, nullity of marriage, dissolution or nullity of a civil union "render null any designation of the spouse as beneficiary or as subrogated policyholder."

The Government of Québec spells out the knock-on effect: in such a case, "and failing any other designated beneficiaries, your life insurance is considered to be without a beneficiary and it forms part of your succession."

Two situations do not appear in the text of article 2459: a de facto separation without a judgment, and the end of a de facto union or of a parental union. In those cases, the designation stays as it is for as long as you do not change it.

A designation the insurer has not received is not one

Article 2451: "Every designation of a beneficiary remains revocable until the insurer receives it, whatever the terms used." A signed form, tucked away in a drawer, has no effect yet. Article 2452 adds that designations and revocations "may not be set up against the insurer until the day it receives them."

If you are thinking of settling the question by will, article 2450 lays down precise rules: a designation contained in a will does not prevail over a designation made after the signing of the will, nor over an earlier designation, "unless the will refers to the insurance policy in question or the intention of the testator in that regard is evident." Éducaloi also recalls that a change by will is only possible if the beneficiary is revocable.

Frequently asked questions

How do I find out whether my current designation is revocable or irrevocable?

By asking your insurer for a copy of the designation in force, as it received it. It is the document the insurer holds that governs, not your memory of the form.

Can I name several beneficiaries, or a minor child?

Yes to several beneficiaries. Éducaloi specifies that you are free to choose, including a charitable organization or a person who does not yet exist, such as your "future child." Naming a minor child raises questions about administering the money that are best discussed with a notary.

How long does the insurer have to pay?

According to Éducaloi, after receiving the documents proving the event — for example the attestation of death — the insurer must pay the benefit within 30 days.

When should I review my designation?

At the moments when your family situation changes: marriage, civil union, birth, separation, divorce, blending of families. And when you join a group plan at work, since article 2449 also covers the participant in a group contract.

Does this text replace professional advice?

No. We explain the general rules of Québec law as they are published; we do not give legal advice. For your own situation, consult a notary or a lawyer.

Sources

• Civil Code of Québec, articles 2449 to 2460, 653 and 666, text consolidated as of April 1, 2026: https://www.legisquebec.gouv.qc.ca/fr/document/lc/ccq-1991 (accessed August 10, 2026)
• Éducaloi, "L'assurance-vie": https://educaloi.qc.ca/capsules/lassurance-vie/ (accessed August 10, 2026)
• Éducaloi, "L'union de fait : l'union des conjointes et conjoints de fait": https://educaloi.qc.ca/capsules/l-union-de-fait-l-union-des-conjointes-et-conjoints-de-fait/ (accessed August 10, 2026)
• Gouvernement du Québec, "Assurance vie du défunt": https://www.quebec.ca/justice-et-etat-civil/testament-succession/testament/avant/assurance-vie-defunt (accessed August 10, 2026)
• Autorité des marchés financiers, "L'assurance vie collective": https://lautorite.qc.ca/grand-public/assurance/assurances-collectives/assurance-vie-collective (accessed August 10, 2026)