It used to in most provinces. Several have abolished the rule — Ontario did so in 2022 — so the answer now depends on the province and the date of the will.
The Canadian position
Because the rule changed recently and not everywhere, an older will made before a marriage needs checking rather than assuming.
Divorce commonly revokes gifts to a former spouse and their appointment as executor.
The Islamic position
Marriage changes who the fixed heirs are, so the will needs revisiting regardless of what the revocation rule says.
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.
What to do about it
- Review your will after any marriage or divorce.
- Check whether your province's revocation rule applied when the will was made.
- Redraft rather than assume.
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
- Canadian Legal Information Institute — CanLII
- No contest clause in terrorem ontario wills — Treadstone Law
- Costs of contesting a will ontario — Treadstone Law
- Contesting will ontario grounds — Treadstone Law
- Separation effect on will beneficiary designations ontario — Treadstone Law
- Is ontario will valid if signed by one witness — Treadstone Law
- Naming an alternate executor ontario will — Treadstone Law
- Wills & estates practice — Treadstone Law