No. A will is a personal act. But a spouse's statutory rights may affect what it can actually achieve.
The Canadian position
No. A will is a personal act. But a spouse's statutory rights may affect what it can actually achieve.
Provincial law governs the detail, so confirm the position where the estate will 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 instrument has no classical counterpart, treat it as a contemporary question for a qualified scholar.
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.
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
- Succession Law Reform Act, RSO 1990, c S.26 — Government of Ontario
- Administering estates — Government of Ontario
- Family Law Act, RSO 1990, c F.3 — Government of Ontario
- How to revoke change will codicil ontario — Treadstone Law
- Does ontario require witness to sign in testators presence — Treadstone Law
- What is estate trustee without a will ontario — Treadstone Law
- Service validity challenge ontario — Treadstone Law
- Does divorce revoke a will in ontario — Treadstone Law
- Probate out of province will ontario — Treadstone Law
- Wills & estates practice — Treadstone Law