Complex inheritance for trople and other atypical families

Montrealer André-Bernard Guévin is in a relationship with two men. Or, as he himself says, he is in a “trouple”. He meticulously detailed his will to possibly ensure the well-being of the surviving members of the troupe, all of whom are around sixty years old, as well as their “altar boys”.

André-Bernard met Carol Clément through a “man seeking man” ad in the newspaper The duty, almost 25 years ago. “A friend of mine had seen the ad and encouraged me to respond, but I didn’t believe in that kind of thing,” recalls Carol, retired from the theater industry. He hesitated until the last minute, then he joined André-Bernard in a museum. “It was a great meeting. I found him charming and outgoing,” he reveals.

Things then happened quickly. They lived in a magnificent property in Plateau-Mont-Royal of which they were co-owners. But after several years, they found that cohabitation was not working. They decided to separate, while remaining in love.

“I bought Carol’s portion in 2019,” emphasizes André-Bernard, a warm and calm man, recently retired from teaching. “But we talk to each other 20 times a day and see each other every day and a half. »

He receives The duty in his modern house worthy of a decoration magazine, with Pepe. Real name Jose Ochoa, the latter entered André-Bernard’s life almost seven years ago.

“Pepe gives me a lot of love,” rejoices André-Bernard. Even though her lover of Mexican origin has his own apartment, he spends almost all his time with André-Bernard.

Carol and Pepe have a friendly relationship. “He is a very friendly and generous person,” says Carol. He considers himself an independent person who does not need a close relationship. “Being three people in a relationship, everyone has their place,” he assures.

Well-planned wills

Five years ago, André-Bernard and Carol took advantage of their visit to the notary to plan and register their wills. They have each accumulated enough wealth for several people to benefit from it. “The building here is worth 16 times more than what I paid in 1998,” emphasizes André-Bernard in particular, regarding his property which has two large dwellings and a commercial premises. “I was privileged by the economic choices I made and I was lucky,” he judges.

When he passes away, André-Bernard wants a big party to be organized in his honor, during which gastronomy and music will be present. But above all, he wants his lovers to have the best quality of life possible. Thus, all of André-Bernard’s non-real estate assets will be bequeathed to a list of people named in the will, of which Carol and Pepe are the main beneficiaries. There are also several important people there whom he considers to be “altar boys”.

“Life meant that we didn’t have our own children. But as we have always been very welcoming, lots of people naturally gravitated towards us, particularly French people who found themselves here without family,” reports André-Bernard.

Carol also has a list of heirs, a little different from that of André-Bernard. He bequeaths his co-ownership to his lover, who bequeaths him his triplex in return. “The day André-Bernard dies, the entire value of my condo goes to my heirs. And it’s the same thing on the other side,” explains Carol. Pepe, who has a much more modest inheritance, has for the moment planned to leave his assets to one or more members of his family.

André-Bernard also wants to give back to causes that are close to his heart, such as those of the LGBTQ+ communities and immigrants. He is considering making changes to his will to give more to organizations.

“Inheritance is more than a gesture of affection. It is the expression of values,” he believes.

The end of the nuclear family

The task was complex to ensure that the various assets went to the designated people and that the management was not too burdensome for the successors. “It was more complicated than I could have imagined,” says Carol. You ask yourself: do I need life insurance? If I have mortgage debt, what are the legal things to think about? »

According to André-Bernard, their situation, although complex, is not so different from that of blended families. “Before, a man and a woman had children and they gave all their assets to their children. The world has changed,” he believes.

Emeritus notary and estate mediator, Suzanne Hotte makes a similar observation. According to her, at least 50% of current inheritance cases do not correspond to “the classic nuclear family”. There are multiple scenarios.

“In the case of surrogate mothers, for example, if wills are not made, we will apply the law. And it may not be what people thought or wanted,” says M.e Hood.

Notaries are equipped to help their clients adapt their will. “Tell your story to the notary. What children do you have? What spouses do you have? Take stock of what you leave behind, says Me Hood. Then, how do we want to benefit each other? We will find ideas to get there. Often, we will not separate assets by item or percentage, because your balance sheet may have changed upon your death. It could be naming the most significant people heirs and giving gifts to others. »

One thing is certain: if many people are likely to find themselves around the same table when a death occurs, a well-planned will helps avoid conflicts.

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