Islamic Wills in New Brunswick

Making an Islamic will that works in New Brunswick

An Islamic will is not a separate legal instrument. It is an ordinary New Brunswick will whose distribution clauses set out the faraid shares. Two things have to be right at once: the fractions, and New Brunswick’s formalities.

Handwritten wills: Valid

Probate: A probate TAX by value band: $200 on estates up to $20,000; $200 plus $5 per $1,000 (or part) on the portion between $20,000 and $100,000; and $600 plus $15 per $1,000 (or part) on everything above $100,000. On a $1,000,000 estate that is $14,100 — New Brunswick is a high-cost probate province, not a cheap one.

If you die without a will in New Brunswick

There is no preferential dollar share in New Brunswick. The surviving spouse first takes the intestate’s interest in whatever is marital property under the Marital Property Act, and then takes half the residue if there is one child, or a third of the residue if there is more than one. A spouse with no surviving issue takes the whole estate.

That distribution is set by statute and it will not match the faraid shares. How New Brunswick’s intestacy rules diverge from faraid ›

Can the will be challenged?

Provision for Dependants Act claims. "Dependant" is defined to include the spouse or child of the deceased outright — with no age limit and no requirement that the deceased was actually supporting them — plus anyone who was a dependant under the Family Law Act. The gate is in the operative section instead: the applicant’s resources, counting everything they take under the will or on intestacy, must be insufficient to provide adequately for them.

Challenging a will in New Brunswick ›

Finding a will in New Brunswick

No central government will registry.

How to search for a will in New Brunswick ›

New Brunswick’s cities

What differs between them is not the law — that is the same across New Brunswick — but the community layer: which mosques can perform a janazah, and where they bury.

• Fredericton — 1 janazah provider of 1 mosque, 3 organisations listed
• Moncton — 1 janazah provider of 1 mosque, 2 organisations listed
• Sussex — 0 janazah providers of 0 mosques, 1 organisation listed

The fixed shares

The fractions come from Surah an-Nisa and do not vary by province. Calculate them for your family, or read where the four schools differ.