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What happens if my spouse and I die at the same time?

Provincial commorientes rules decide the order of death, and a survivorship clause in the will prevents the estate passing through two administrations.

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

Provincial commorientes rules decide the order of death, and a survivorship clause in the will prevents the estate passing through two administrations.

The Canadian position

Legislation generally presumes the elder died first, or deems each to have survived the other for the purposes of their own estate. A 30-day survivorship clause is standard drafting.

The Islamic position

Classical fiqh addresses the same problem: where the order cannot be established, the two generally do not inherit from one another, and each estate passes to their own surviving heirs.

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.

What to do about it

  1. Include a survivorship clause.
  2. Name alternate beneficiaries and an alternate executor.
  3. Name a guardian for children — this is the scenario it exists for.
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 one of the references below. Legislation and dollar thresholds change — verify against the primary source before relying on any figure.

Islamic primary sources
  1. Surah an-Nisa 4:11 — shares of children and parents — Quran.com
  2. Surah an-Nisa 4:12 — shares of spouses and uterine siblings — Quran.com
  3. Surah an-Nisa 4:176 — the kalalah verse — Quran.com
Scholarly & institutional references
  1. Encyclopaedia of Islam — Brill
  2. Research Papers — Cambridge Muslim College
  3. Research — Cambridge Muslim College
  4. Academics — Islamic law and theology curriculum — Zaytuna College
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. Minimum age to make a will ontario — Treadstone Law
  2. Who can witness power of attorney ontario — Treadstone Law
  3. Contested will probate ontario — Treadstone Law
  4. Multiple wills inconsistent provisions risk ontario — Treadstone Law
  5. What is a pour over will ontario — Treadstone Law
  6. Contesting a will ontario — Treadstone Law
  7. Wills & estates practice — Treadstone Law