In most provinces divorce revokes gifts to the former spouse and their appointment as executor, treating them as having predeceased you. Separation without divorce often changes nothing.
The Canadian position
The rules vary by province and by whether you are divorced or merely separated. In Ontario a separated married spouse loses intestate inheritance rights in defined circumstances.
The Islamic position
A revocable divorce's waiting period can affect inheritance rights religiously. The civil and religious positions do not automatically align, so both need checking.
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.
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
- Family Law Act, RSO 1990, c F.3 — Government of Ontario
- Probate out of province will ontario — Treadstone Law
- How many executors should you name ontario will — Treadstone Law
- New will surfaces during litigation ontario — Treadstone Law
- Leaving gifts to charities in a will ontario — Treadstone Law
- Separation effect on will beneficiary designations ontario — Treadstone Law
- Power of attorney vs will ontario — Treadstone Law
- Wills & estates practice — Treadstone Law