The later valid will normally governs, but only if it clearly revokes the earlier one. Ambiguity here is a common source of litigation.
The Canadian position
Ontario also uses deliberate multiple wills as a probate-planning technique, which requires precise drafting so one does not revoke the other.
Never keep an old original once a new will is signed.
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
- Section 3 counsel capacity assessment ontario — Treadstone Law
- Estranged adult child dependant support claim ontario — Treadstone Law
- Affidavit ontario litigation — Treadstone Law
- Defaulting owner delays power of sale court challenge ontario — Treadstone Law
- Capacity assessment personal care ontario — Treadstone Law
- Cra challenge price allocation years after closing ontario — Treadstone Law
- Wills & estates practice — Treadstone Law