A will that is religiously sound but legally invalid distributes nothing. These are the Ontario requirements that decide whether the document works.
Ontario requirements
| 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, searchable government registry of wills. The Superior Court registrar’s office is a statutory depository where a living person may deposit a will for safekeeping (Estates Act, s. 2), but it is a per-registry deposit facility, not a province-wide index that can be searched on death — which 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. |
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.
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.
- 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
- Religion by census metropolitan area, 2021 Census — Statistics Canada
- Calling witnesses small claims court ontario — Treadstone Law
- Holograph handwritten will ontario — Treadstone Law
- Statutory guardian property ontario — Treadstone Law
- Do i need a witness for a holograph will — Treadstone Law
- Is ontario will valid if signed by one witness — Treadstone Law
- Wills & estates practice — Treadstone Law