A partner who is not legally married, whose inheritance rights vary sharply by province.
In Islamic law
Islamic law recognises inheritance between spouses in a valid marriage. A religious marriage not registered civilly can leave a widow with no provincial entitlement at all — a serious and common gap.
In Canadian law
Several provinces treat a qualifying common-law partner as a spouse on intestacy; Ontario does not, so an unmarried partner inherits nothing without a will. They may still bring a dependant support claim.
We have not yet researched whether the four Sunni schools differ on this term, so we are not going to tell you either way. Where a specific case turns on it, ask a qualified scholar rather than relying on a general summary.
Canadian legal detail
Treadstone Law, an Ontario firm with a wills and estates practice, covers the Canadian side of this in more depth:
- Common law partner dependant support claim ontario
- How does intestacy treat common law children
- Common law partner intestacy ontario
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.
- Common law partner dependant support claim ontario — Treadstone Law
- How does intestacy treat common law children — Treadstone Law
- Common law partner intestacy ontario — Treadstone Law
- Common law spouse dependant support claim ontario — Treadstone Law
- Wills & estates practice — Treadstone Law