Possibly — through outstanding support obligations or family property claims, even where a divorce revoked gifts under the will.
The Canadian position
Possibly — through outstanding support obligations or family property claims, even where a divorce revoked gifts under the will.
Provincial law governs administration, so confirm the position where the estate will actually be administered.
The Islamic position
The fixed shares apply to the net estate after funeral expenses, debts and any bequest capped at one third.
Where a Canadian mechanism has no classical counterpart, treat it as a contemporary question for a qualified scholar.
A revocable divorce does not cut off inheritance while the ‘idda runs, and an irrevocable divorce pronounced in health ends it — both are common ground. The schools divide, four ways, on the talaq al-firar: the divorce a dying man pronounces to cut his wife out. They divide not on whether she is protected but on how long the protection lasts — to the end of the ‘idda (Hanafi), until she remarries (the Hanbali mashhur), for ever, even through later marriages (Maliki), or not at all (Shafi’i, settled position).
All four Sunni schools researched and sourced. Reviewed 2026-09-01. Full positions, evidence and sources — Does a divorced spouse inherit?.
Related madhhab issue: Marital property and the estate.
Making an Islamic will in Canada — province by province, and what makes one valid where you live →
This is legal information only. For advice on your own circumstances, speak to a lawyer.
Citations & sources
Every factual claim on this page traces to a source below. Details change — check the original source before relying on any figure, fee or legal position. Anything under “further reading” is related material, not a source for what is stated here.
- Family Law Act, RSO 1990, c F.3 — Government of Ontario
- Grewal v. Litt, 2019 BCSC 1154 — CanLII
- Wills, Estates and Succession Act, SBC 2009, c 13 — BC Laws
- Canadian Legal Information Institute — CanLII
- Death during divorce support claim and equalization ontario — Treadstone Law
- Common law spouse dependant support claim ontario — Treadstone Law
- Executor claims against estate creditor — Treadstone Law
- Dependant support claim against jointly held assets ontario — Treadstone Law
- Wills & estates practice — Treadstone Law