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 Government of Ontario’s own guidance points only to “private” will registries and to the court records of the courthouse nearest where the deceased lived. A living person may deposit a will with the Superior Court registrar for safekeeping (Estates Act, s. 2; $28), and after death anyone may inspect it on proof of death. But the public cannot search Ontario-wide: only the registrar can, and only when someone applies for probate, at which point the court must confirm no later will is on deposit anywhere in the Superior Court. That is the gap a 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
- 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
- Do i need a witness for a holograph will — Treadstone Law
- Is ontario will valid if signed by one witness — Treadstone Law
- Ontario valid will legal requirements — Treadstone Law
- Wills & estates practice — Treadstone Law