It depends entirely on the province. Several treat a qualifying common-law partner as a spouse on intestacy; Ontario does not.
The Canadian position
British Columbia, Alberta, Saskatchewan, Manitoba, PEI, Nova Scotia and the Northwest Territories recognise qualifying common-law partners for intestacy purposes. Ontario does not, though a partner may claim dependant support.
Qualifying periods and definitions differ, so the label is not portable between provinces.
The Islamic position
Islamic law recognises inheritance between spouses in a valid marriage. Where a couple is not married either religiously or civilly, no inheritance right arises on either system.
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.
A religious marriage never registered civilly can leave a widow with nothing under Ontario intestacy. Make a will regardless.
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
- Who can apply to administer estate no will ontario — Treadstone Law
- Half relatives kindred rules ontario intestacy — Treadstone Law
- Per stirpes distribution intestacy ontario — Treadstone Law
- Are adopted children included in intestacy ontario — Treadstone Law
- Intestacy impact on family home ontario — Treadstone Law
- Common law partner no will ontario — Treadstone Law
- Wills & estates practice — Treadstone Law