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 Nunavut requirements that decide whether the document works.
Nunavut requirements
| Item | Nunavut |
|---|---|
| Governing statute | Wills Act and Intestate Succession Act |
| Court | Nunavut Court of Justice |
| Handwritten (holograph) wills | Valid, and materially more generous than the plain 'wholly handwritten' rule most provinces use. Nunavut's own 2005 amendment defines a will's 'own writing' to include "handwriting, footwriting, mouthwriting or writing of a similar kind" (an explicit disability accommodation not found in Northwest Territories law or, so far, in any other jurisdiction checked in this pass). It also validates a will that is only PARTLY in the testator's own writing and partly printed/typewritten/other written form — without witnesses — as long as it appears the testator intended to incorporate the printed words and the testator signed it. This is broader than a strict wholly-handwritten holograph rule. |
| Probate cost | A capped, flat-band fee schedule, structurally identical to the Northwest Territories' but with its own (slightly lower) top figure: $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 $425 for every estate over $250,000, regardless of size. |
| Spouse’s share on intestacy | $50,000, per the last primary text this pass could verify — NOT $100,000 (the Northwest Territories' current figure). Nunavut's Intestate Succession Act was carried forward from the pre-1999 NWT statute at $50,000 and, unlike the NWT, was NOT part of the 2015 NWT amendment that raised the NWT figure to $100,000 (that amendment was made after the two territories separated and has no application in Nunavut). Mechanically it otherwise mirrors NWT's older structure: below $50,000 the spouse takes everything; above it, the spouse takes $50,000 (with interest) plus a home-election right, then shares the residue with issue (1/2 with one child, 1/3 with more than one). [confirm against the statute] |
| Will registry | No central government will registry. |
| Claims against the estate | Dependants Relief Act claims — Nunavut's own consolidation of the Act (distinct from the Northwest Territories', though built on the same base), current to 31 May 2024. "Dependant" means: the surviving spouse (defined in the Act itself as married, OR cohabiting for 2+ years, OR cohabiting in a relationship of some permanence with a child together — no cross-reference to a separate Family Law Act, unlike NWT); a child under 19; a child 19 or over unable to earn a livelihood because of disability; a person who cohabited with the deceased for at least 1 year immediately before death and was financially dependent on them; or a person acting as a foster parent of the deceased's children in the household who was financially dependent on the deceased. As in the Northwest Territories, Yukon and PEI, 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
- Probate fees by province / territory — TaxTips.ca
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
- Is ontario will valid if signed by one witness — Treadstone Law
- Intestacy spouse one child ontario — Treadstone Law
- Ontario valid will legal requirements — Treadstone Law
- Built company together only one of us on title ontario — Treadstone Law
- Wills & estates practice — Treadstone Law