This is legal information only. For advice on your own circumstances, speak to a lawyer.
A will that is religiously sound but legally invalid distributes nothing. These are the Northwest Territories requirements that decide whether the document works.
Northwest Territories requirements
| Item | Northwest Territories |
|---|---|
| Governing statute | Wills Act and Intestate Succession Act |
| Court | Supreme Court of the Northwest Territories |
| Handwritten (holograph) wills | Valid |
| Probate cost | A capped, flat-band fee schedule with no percentage component at any estate size: $30 for estates of $10,000 or less; $110 for estates over $10,000 up to $25,000; $215 for estates over $25,000 up to $125,000; $325 for estates over $125,000 up to $250,000; and a flat $435 for every estate over $250,000, no matter how large. A $30 million estate and a $300,000 estate pay the same $435. This makes NWT one of the cheapest probate jurisdictions in Canada for a large estate, alongside Alberta's capped $525. |
| Spouse’s share on intestacy | $100,000. The increase from $50,000 was enacted by SNWT 2015 c. 24 but came into force on 31 January 2017, so a death in 2016 is still governed by the old $50,000 figure. Where an intestate leaves a spouse and issue and the net estate does not exceed $100,000, the spouse takes everything. Above that, the spouse takes $100,000 (with a charge for legal interest from the date of death) and then shares the residue with the children — one-half with one child, one-third with more than one child. The surviving spouse may elect to take the family home instead of the $100,000 (if the home is worth more) or as part of it (if worth less). Where there is a spouse and no issue, the spouse takes the whole estate. "Spouse" is defined by cross-reference to the Family Law Act, which includes a common-law partner after 2 years of cohabitation (or sooner if the couple have a child together) — so, unlike Ontario, Nova Scotia or PEI, an unmarried partner can inherit this preferential share. Section 13 cuts the other way: a separated spouse who had started divorce proceedings, applied for a property division, signed a domestic contract or was living with someone else takes nothing at all, automatically. |
| Will registry | No government will registry, and no power to create one. We read the Wills Act in full: registry, register, registration, deposit and safekeeping appear zero times in it, and unlike Yukon there is not even a regulation-making power. The territory’s Legal Registries Division runs land titles, securities and business registries — not wills. The government’s own “Will Search Form” is an affidavit in which the family swears they searched the deceased’s papers and found nothing. |
| Claims against the estate | Dependants Relief Act claims. "Dependant" means: the surviving spouse; a child under 19; a child 19 or over who cannot earn a livelihood because of mental or physical disability; a common-law partner who cohabited with the deceased for at least 1 year before death and was financially dependent on them; a cohabiting partner at the time of death with whom the deceased had a child together (no minimum duration in that case); or a person who was acting as a foster parent of the deceased's children in the household and was financially dependent on the deceased. As in Prince Edward Island and Yukon, an independent, able-bodied adult child has NO claim under this Act. |
The failures that recur
- A beneficiary or their spouse witnessing the will. The gift to that witness can be void even though the will stands.
- Marriage and divorce. These can revoke a will or the gifts in it, depending on the province and the date.
- Vague religious wording. "Distribute according to Shariah" without setting out the shares invites a dispute about what it means. Name the shares.
- Assets that are not caught by the will at all — designations and joint property.
Drafting note
A well-drafted Islamic will usually states the faraid shares explicitly, names a fallback distribution if a share fails, and appoints both an executor and a guardian. That is lawyer work, not template work.
Common questions
Can my spouse witness my will?
They should not. A gift to a witness or the witness's spouse can be void, even where the will itself remains valid.
Is a will I wrote by hand valid?
It depends on the province — several accept holograph wills, and at least one does not. Check the table above before relying on a handwritten document.
Do I need a new will if I get married or divorced?
Very likely. Marriage and divorce can revoke a will or the gifts in it, and the rules differ by province and by the date of the will.
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.
Legislation & government sources
- What to do when someone has died — Canada Revenue Agency
- Intestate Succession Act, RSNWT 1988, c. I-10 — Department of Justice, Northwest Territories
- Wills Act, RSNWT 1988, c. W-5 — Department of Justice, Northwest Territories
Islamic primary sources
- Surah an-Nisa 4:11–12, 4:176 — Quran.com
- Book of Wills (Wasaya) — Sahih al-Bukhari, Sunnah.com
Demographics
- Religion by census metropolitan area, 2021 Census — Statistics Canada
Further reading — Treadstone Law
- Holograph handwritten will ontario — Treadstone Law
- Preferential share spouse intestacy ontario — Treadstone Law
- Is ontario will valid if signed by one witness — Treadstone Law
- What is preferential share ontario intestacy — Treadstone Law
- Ontario land titles vs registry system — Treadstone Law
- Wills & estates practice — Treadstone Law