It may be recognised if it satisfies the formalities where made or of the testator's domicile — but proving it adds cost and delay.
The Canadian position
It may be recognised if it satisfies the formalities where made or of the testator's domicile — but proving it adds cost and delay.
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.
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.
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 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
- Succession Law Reform Act, RSO 1990, c S.26 — Government of Ontario
- Administering estates — Government of Ontario
- Is ontario will valid if signed by one witness — Treadstone Law
- Does divorce revoke a will in ontario — Treadstone Law
- Regulator revoke licence between signing and closing ontario — Treadstone Law
- Holograph handwritten will ontario — Treadstone Law
- How to update a will in ontario — Treadstone Law
- Personal care poa witnessed by whom ontario — Treadstone Law
- Wills & estates practice — Treadstone Law