A will that is religiously sound but legally invalid distributes nothing. These are the Saskatchewan requirements that decide whether the document works.
Saskatchewan requirements
| Item | Saskatchewan |
|---|---|
| Governing statute | The Wills Act, 1996 and The Intestate Succession Act, 2019 |
| Court | Court of King's Bench for Saskatchewan |
| Handwritten (holograph) wills | Valid |
| Probate cost | About $7 per $1,000 of estate value (roughly 0.7%). |
| Spouse’s share on intestacy | Where all of the intestate’s descendants are also the spouse’s, the spouse takes the entire estate. Where any are not, the spouse takes the greater of $200,000 or one-half of the net estate, and then also takes half the residue if there is one child, or a third of the residue if there is more than one. |
| Will registry | No general government will registry. The only statutory registration system is for international wills, which the minister is required to establish under the Wills Act, 1996. An ordinary Saskatchewan will becomes findable only once the estate is probated in the Court of King’s Bench. |
| Claims against the estate | Dependants’ relief claims under The Dependants’ Relief Act, 1996. Saskatchewan’s definition of "dependant" is unusually wide: as well as a spouse, a two-year cohabiting partner and minor children, it reaches an adult child who alleges that "by reason of need or other circumstances" they ought to receive a greater share than the will gives them. |
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
- Probate fees by province / territory — TaxTips.ca
- 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
- Holograph handwritten will ontario — Treadstone Law
- Statutory guardian property ontario — Treadstone Law
- What is dependant definition ontario succession — 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