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What should I do about my will if I am newly married?

Make a will now. Marriage changes who your fixed heirs are, and in some provinces it also affects whether an existing will survives.

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

Make a will now. Marriage changes who your fixed heirs are, and in some provinces it also affects whether an existing will survives.

The Canadian position

Make a will now. Marriage changes who your fixed heirs are, and in some provinces it also affects whether an existing will survives.

Provincial law governs validity, administration and the grounds on which a will can be challenged — so the answer can change if you move.

The Islamic position

Have the faraid shares recalculated whenever the family configuration changes; they are conditional on who survives.

Record the reasoning and the scholar consulted in a memorandum kept with the will.

Researched — the four schools agree

A husband takes one half where his wife left no child and one quarter where she did; a wife takes one quarter where her husband left no child and one eighth where he did. Ibn Qudama records this as the consensus of the scholars, and adds that co-widows share the one fraction between them however many there are.

All four Sunni schools researched and sourced. Reviewed 2026-08-19. Full positions, evidence and sources — What a husband and a wife inherit.

Related madhhab issue: Making a wasiyyah — form, capacity and revocation.

What to do about it

  1. Recalculate the shares for the new circumstances.
  2. Update the will with a lawyer in your province.
  3. Review every beneficiary designation.
  4. Confirm where the original is kept.
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 a source below. Details change — check the original source before relying on any figure, fee or legal position. Anything under “further reading” is related material, not a source for what is stated here.

Canadian legislation & government
  1. Succession Law Reform Act, RSO 1990, c S.26 — Government of Ontario
  2. Administering estates — Government of Ontario
Further reading — Treadstone Law
  1. Beneficiary designation vs will which controls — Treadstone Law
  2. Does marriage affect existing will ontario — Treadstone Law
  3. Conflicting wills which one governs ontario — Treadstone Law
  4. Will vs beneficiary designation which controls — Treadstone Law
  5. Wills & estates practice — Treadstone Law