Ontario gives you broad freedom to decide who inherits — which is precisely why an Islamic will works here. What Ontario will not do is apply faraid on your behalf. If you die without a will, the province applies its own formula, and that formula does not resemble the Qur’anic shares.
The Ontario facts that matter
| Item | Ontario |
|---|---|
| Governing statute | Succession Law Reform Act |
| Court | Superior Court of Justice |
| Handwritten (holograph) wills | Valid |
| Probate cost | Estate Administration Tax: nil on the first $50,000, then about $15 per $1,000 of value above that (roughly 1.5%). A Small Estate Certificate is available for estates of $150,000 or less. |
| Spouse’s share on intestacy | $350,000 for deaths on or after 1 March 2021 ($200,000 before that date). |
| Will registry | No central government registry of wills. This is the gap a private registry fills. |
| Claims against the estate | Dependant support claims under Part V of the Succession Law Reform Act. Ontario does not have a BC-style wills variation regime for independent adult children. |
Ontario is home to roughly 53% of Canada’s Muslim population, concentrated in the Greater Toronto Area.
Only legally married spouses inherit on intestacy in Ontario; common-law partners do not.
The fixed shares, and where the madhahib differ
The four Sunni schools agree on the core fractions. They diverge on what happens at the edges — distant relatives, and surplus where the fixed shares do not exhaust the estate.
| Position | Hanafi | Maliki | Shafi’i | Hanbali |
|---|---|---|---|---|
| Share of a daughter | Half a son’s share | Half a son’s share | Half a son’s share | Half a son’s share |
| Wife, with children | One eighth | One eighth | One eighth | One eighth |
| Wife, no children | One quarter | One quarter | One quarter | One quarter |
| Husband, with children | One quarter | One quarter | One quarter | One quarter |
| Husband, no children | One half | One half | One half | One half |
| Bequest cap (wasiyyah) | One third | One third | One third | One third |
| Bequest to a fixed heir | Needs heirs’ consent | Needs heirs’ consent | Needs heirs’ consent | Needs heirs’ consent |
| Distant kin (dhawu al-arham) | Inherit | Classically to the treasury | Classically to the treasury | Inherit |
| Surplus returned (radd) | Yes | Classically no | Classically no | Yes |
The classical Maliki and Shafi‘i view directs a surplus, and the estate of someone with only distant kin, to the bayt al-mal — the public treasury. No such institution operates in Canada, and later scholars in both schools generally permit radd and inheritance by distant relatives in that situation. Confirm the position with a scholar for your own family.
What to actually do in Ontario
- Have a will drafted that is valid under Succession Law Reform Act and sets out the shares you intend.
- Review every beneficiary designation — RRSP, RRIF, TFSA, pension, life insurance. These pass outside the will and can defeat the whole plan.
- Check how the family home is held. Joint tenancy passes by survivorship, outside the estate.
- Name a guardian for minor children.
- Record where the original will is kept, so it can be found.
A worked example: a $600,000 estate
Take a man who dies leaving a wife, two sons, one daughter and his mother, with a net estate of $600,000 after debts and funeral expenses. Here is what Ontario does if he left no will, and what faraid does.
Under Ontario intestacy law
| Heir | Basis | Amount |
|---|---|---|
| Spouse | Preferential share $350,000 plus one third of the residue | $433,333 |
| Mother | Nothing — parents do not inherit while a spouse and children survive | $0 |
| Each child (three) | Equal shares of the remaining two thirds | $55,555 |
Under faraid
| Heir | Qur’anic share | Amount |
|---|---|---|
| Wife | One eighth | $75,000 |
| Mother | One sixth | $100,000 |
| Son (each of two) | Residue, two shares | $170,000 |
| Daughter | Residue, one share | $85,000 |
His mother receives nothing under the provincial formula and $100,000 under faraid. Provincial intestacy schemes are built around the spouse and descendants; they do not recognise a parent’s fixed share at all while a spouse and children survive. No amount of intention changes this — only a valid will does.
Figures are rounded to whole dollars and illustrate the structure only. Real estates involve debts, taxes, designations and jointly held property that change the arithmetic substantially.
Common questions
Does a Canadian will have to follow faraid?
No. Canadian law does not require any particular distribution — it permits you to choose one. That is why the shares have to be written into a valid will rather than assumed.
Is an Islamic will from another country valid here?
Not automatically. A will has to satisfy the formal requirements of the province where the estate is administered, and foreign wills often fail on witnessing. Take advice before relying on one.
What happens to my RRSP and life insurance?
They pass to whoever is named as beneficiary, outside the will and outside the estate. This is the most common way a carefully drafted Islamic will gets defeated in practice.
Citations & sources
Every factual claim on this page traces to one of the references below. Legislation and dollar thresholds change — verify against the primary source before relying on any figure.
- What to do when someone has died — Canada Revenue Agency
- Succession Law Reform Act, RSO 1990, c S.26 — Government of Ontario
- Estate Administration Tax — Government of Ontario
- Locating wills and documents — Law Society of Ontario
- Surah an-Nisa 4:11–12, 4:176 — Quran.com
- Book of Wills (Wasaya) — Sahih al-Bukhari, Sunnah.com
- Contingent alternate beneficiary designation ontario — Treadstone Law
- Forged or fraudulent will ontario what to do — Treadstone Law
- Charitable donation through will tax credit — Treadstone Law
- Removing a court appointed guardian ontario — Treadstone Law
- Rrsp basics tax deferral explained ontario — Treadstone Law
- Notice to beneficiaries ontario estate trustee obligations — Treadstone Law
- Wills & estates practice — Treadstone Law
- Religion by census metropolitan area, 2021 Census — Statistics Canada