Matrimonial Home — rights that operate outside the will

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

The family residence, given special protection under provincial family law.

In Islamic law

A spousal election can override the distribution a will sets out, including a faraid distribution. This is a planning point, not a detail.

In Canadian law

In Ontario a surviving spouse has rights in the matrimonial home that operate independently of the will, and a spouse may elect between the will and an equalisation of net family property.

Making an Islamic will in Canada — province by province, and what makes one valid where you live →

Across the madhahib

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:

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

Family Law Act, RSO 1990, c F.3 — Government of Ontario
Succession Law Reform Act, RSO 1990, c S.26 — Government of Ontario