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Should my will include a survivorship clause?

Yes. A 30-day survivorship clause stops an estate passing through a beneficiary who dies days later, incurring two administrations.

Draft — pending review. This page has been prepared but has not yet been reviewed by a Canadian estates lawyer or a qualified scholar. Treat it as a starting point for questions, not as advice you should act on.

Yes. A 30-day survivorship clause stops an estate passing through a beneficiary who dies days later, incurring two administrations.

The Canadian position

It works alongside provincial commorientes rules.

Particularly important where spouses travel together.

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 scholar rather than assuming an answer.

Across the madhahib

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.

Before you act on this

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.

Scholarly & institutional references
  1. Research Papers — Cambridge Muslim College
  2. Research — Cambridge Muslim College
  3. Academics — Islamic law and theology curriculum — Zaytuna College
  4. Encyclopaedia of Islam — Brill
Canadian legislation & government
  1. Succession Law Reform Act, RSO 1990, c S.26 — Government of Ontario
  2. Administering estates — Government of Ontario
Canadian legal commentary
  1. Does ontario will cover foreign property — Treadstone Law
  2. Ontario valid will legal requirements — Treadstone Law
  3. Revoking a will in ontario — Treadstone Law
  4. Stepchildren inheritance rights ontario no will — Treadstone Law
  5. Promised inheritance not in the will ontario — Treadstone Law
  6. Discovery medical records will challenge ontario — Treadstone Law
  7. Wills & estates practice — Treadstone Law