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Islamic Wills in Canada

Islamic Wills in Moncton

The law is provincial; the community layer is local. What New Brunswick requires of your will, and what Moncton offers around it.

This is legal information only. For advice on your own circumstances, speak to a lawyer.
1 of 1 mosques with a confirmed janazah service
1 burial ground named by local mosques
2 organisations listed in Moncton

How do I make an Islamic will in Moncton?

The same way as anywhere in New Brunswick — and that is the point worth understanding. There is no Moncton will law. Wills are provincial, so the rules that decide whether your will is valid are New Brunswick’s. What is genuinely local is everything around the will: which mosques here can perform a janazah, where they bury, and what it costs.

  1. Work out the shares. The faraid calculator gives every heir’s fraction under the school you follow, with a written report you can hand to a drafter.
  2. Meet New Brunswick’s formalities. This is the part that decides whether the document works at all — valid (the New Brunswick formalities in full).
  3. Check your beneficiary designations. An RRSP, a TFSA or a life policy with a named beneficiary may pass outside the estate under Canadian law — whether it also sits outside the tarikah is disputed among contemporary scholars, so do not assume it escapes the shares.
  4. Have it drafted. The Registry does not draft wills. Treadstone Law, an independent Ontario firm, handles the drafting side.
  5. Record where it is kept — free, and it is what lets your executor find it.
Why there is no Moncton will law

Municipalities have no jurisdiction over wills or estates. Under s. 92(13) of the Constitution Act, 1867 that is provincial. Any page promising a “Moncton Islamic will” is selling you a New Brunswick will.

The New Brunswick rules that decide whether it works

Governing statuteWills Act and Devolution of Estates Act
CourtCourt of King's Bench (Probate Court)
Handwritten (holograph) willsValid
Probate costA probate TAX by value band: $200 on estates up to $20,000; $200 plus $5 per $1,000 (or part) on the portion between $20,000 and $100,000; and $600 plus $15 per $1,000 (or part) on everything above $100,000. On a $1,000,000 estate that is $14,100 — New Brunswick is a high-cost probate province, not a cheap one.
Spouse’s share if there is no willThere is no preferential dollar share in New Brunswick. The surviving spouse first takes the intestate’s interest in whatever is marital property under the Marital Property Act, and then takes half the residue if there is one child, or a third of the residue if there is more than one. A spouse with no surviving issue takes the whole estate.
Challenges to the willProvision for Dependants Act claims. "Dependant" is defined to include the spouse or child of the deceased outright — with no age limit and no requirement that the deceased was actually supporting them — plus anyone who was a dependant under the Family Law Act. The gate is in the operative section instead: the applicant’s resources, counting everything they take under the will or on intestacy, must be insufficient to provide adequately for them.

Deeper: making a valid will · dying without one · probate · challenges.

Mosques in Moncton with janazah services

An Islamic will usually records burial wishes — ghusl, kafan, burial without delay. A janazah needs physical facilities: a mortuary, cold storage, a washing room. Not every mosque has them.

These are the 1 Moncton mosque with a confirmed service, from each organisation’s own published information.

Where Moncton’s mosques bury

Moncton’s mosques name 1 burial ground on their own funeral pages. That is confirmation from the masjid, not from the cemetery.

Burial grounds in Moncton

Moncton Muslim Cemetery — a Muslim section within a wider cemetery. Established 2009 (led by engineer Abdel Latif Sallaj and the late Dr. Mohammed Sadek Eid), administered by Moncton Muslim Cemetery Inc./Trust. It is a dedicated Muslim burial ground within or adjoining Alderwood Cemetery Ltd in Riverview, so it is recorded here as a Muslim section rather than a standalone all-Muslim cemetery; whether the Muslim grounds are legally a separate cemetery is not stated and is left unconfirmed. The site says 'all Muslims may use this cemetery' - that is an eligibility statement, not a statement of exclusivity. About 300 plots have been purchased to date; total capacity and plots remaining are not stated. Physically in Riverview, NB, immediately across the river from Moncton.

Mosques that name it on their own funeral pages: Moncton Muslim Association (Moncton Masjid).

What a burial costs here

The order of payment matters for a will: funeral expenses come out first, then debts, then any bequest — capped at one third — and only then are the fixed shares calculated. A large funeral bill shrinks every heir’s share. See the itemised costs for this region, with the plot, the grave opening and the mosque’s own fee separated.

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.

Islamic primary sources
  1. Surah an-Nisa 4:11–12, 4:176 — Quran.com
  2. Book of Wills (Wasaya) — Sahih al-Bukhari, Sunnah.com
Canadian legislation & government
  1. Probate fees by province / territory — TaxTips.ca