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.
A valid nikah is one of the three causes of inheritance the four imams agree on, and all four schools agree the contract is formed by offer and acceptance — though they differ over the wali and the witnesses. On the two questions that actually decide estates the split is three-to-one, and it runs opposite ways. The Hanafi, Shafi’i and Hanbali schools hold that an irregular (fasid) marriage creates no inheritance at all, and that a marriage contracted in a death-illness is perfectly valid and does let the new spouse inherit. The Maliki school reverses both.
All four Sunni schools researched and sourced. Reviewed 2026-09-01. Full positions, evidence and sources — Which marriages let a spouse inherit.
Making an Islamic will in Canada — province by province, and what makes one valid where you live →
A religious marriage never registered civilly can leave a widow with nothing under Ontario intestacy. Make a will regardless.
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.
- 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
- Common law partner dependant support claim ontario — Treadstone Law
- How does intestacy treat common law children — Treadstone Law
- Common law partner intestacy ontario — Treadstone Law
- Common law spouse dependant support claim ontario — Treadstone Law
- Wills & estates practice — Treadstone Law