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Does a foreign will work in Canada?

It may be recognised if it satisfies the formalities where made or of the testator's domicile — but proving it adds cost and delay.

This is legal information only. For advice on your own circumstances, speak to a lawyer.

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.

Note

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.

Canadian legislation & government
  1. Canadian Legal Information Institute — CanLII
  2. Succession Law Reform Act, RSO 1990, c S.26 — Government of Ontario
  3. Administering estates — Government of Ontario