Often yes. Land is governed by the law of the country it sits in, and that country may apply its own compulsory inheritance rules regardless of your Canadian will.
The Canadian position
Real property follows the law of its situs. Movable property generally follows the law of the deceased's domicile. A Canadian will may need to be resealed or re-probated abroad.
Multiple wills must be drafted so they do not accidentally revoke one another — a common and expensive mistake.
The Islamic position
Property in a Muslim-majority country may be distributed by faraid automatically under local law, which can either help or conflict with your Canadian plan depending on how you drafted it.
The four Sunni schools are not recorded as differing materially on this point in the sources reviewed. Where your own case turns on it, put it to a scholar of your school.
What to do about it
- List every asset you hold outside Canada.
- Take advice in each jurisdiction as well as here.
- Ensure each will is expressly limited to assets in its own country.
General information, not legal or religious advice. Inheritance depends entirely on the exact family circumstances. Confirm the Canadian position with a lawyer in your province and any religious ruling with a qualified scholar.
Citations & sources
Every factual claim on this page traces to one of the references below. Legislation and dollar thresholds change — verify against the primary source before relying on any figure.
- Research Papers — Cambridge Muslim College
- Research — Cambridge Muslim College
- Academics — Islamic law and theology curriculum — Zaytuna College
- Encyclopaedia of Islam — Brill
- Canadian Legal Information Institute — CanLII
- Apply for probate of an estate — Government of Ontario
- What is title insurance ontario — Treadstone Law
- Spouse dies during separation before divorce matrimonial home ontario — Treadstone Law
- Removing name from property title after separation ontario — Treadstone Law
- Removing ex spouses name from title after separation agreement ontario — Treadstone Law
- Construction lien on title what home buyers need to know — Treadstone Law
- Adding common law partner to home title ontario — Treadstone Law
- Wills & estates practice — Treadstone Law