Your will generally remains valid, but the province you die in governs administration — and its intestacy, probate and variation rules differ.
The Canadian position
A will valid where made is usually recognised elsewhere, but a BC move matters because of section 60.
Have it reviewed after any interprovincial move.
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.
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
- Grewal v. Litt, 2019 BCSC 1154 — CanLII
- Wills, Estates and Succession Act, SBC 2009, c 13 — BC Laws
- Canadian Legal Information Institute — CanLII
- Severance partly valid will costs ontario — Treadstone Law
- Reconciling with estranged child update will ontario — Treadstone Law
- Intestacy ontario no will distribution — Treadstone Law
- Personal care poa vs living will ontario — Treadstone Law
- Trust for minor children ontario will — Treadstone Law
- Power of attorney vs will ontario — Treadstone Law
- Wills & estates practice — Treadstone Law