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Islamic Wills in Canada

Islamic Wills in Sussex

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

This is legal information only. For advice on your own circumstances, speak to a lawyer.
0 of 0 mosques with a confirmed janazah service
0 burial grounds named by local mosques
1 organisations listed in Sussex

How do I make an Islamic will in Sussex?

The same way as anywhere in New Brunswick — and that is the point worth understanding. There is no Sussex 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 Sussex 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 “Sussex 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.

Janazah services in Sussex

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.

We have not confirmed a janazah service at any of the 0 Sussex mosques we list. That is a gap in our data, not a statement that none exists — see the directory entries and call to ask.

Where Sussex’s mosques bury

Burial grounds in Sussex

MANB Cemetery, Sussex (Muslim section at Evergreen Memorial Park) — an entirely Muslim cemetery, about 5 acres, plots available. New Brunswick's shared provincial Muslim burial ground, owned by the Muslim Association of New Brunswick (MANB, Saint John) and used by Muslims from Saint John, Fredericton and Moncton. Address and coordinates are MANB's own: "MANB Cemetery is located at: 98 Aiton Road, Sussex, NB. Coordinates: 45.733330, -65.488970." BOTH cemetery flags are set deliberately and mean different things here: the MANB ground itself is a Muslim burial ground (CBC calls it "the nearest Muslim cemetery in the province"), and it physically sits as a fenced-off Muslim area within a wider general cemetery - CBC reported that "people in Moncton, Fredericton and Saint John put their dollars together to buy five acres in an existing cemetery in Sussex", that it is "a few kilometres east of the centre of Sussex, at Evergreen Memorial Park", that "the Muslim section is at the point where the road turns back around" on the U-shaped internal road, and that it is "cordoned off by a green, metal fence" with headstones lying flat. CAPACITY - a live issue and the single most important fact here: MANB states "The cemetery currently consists of four blocks. Blocks A, B, and C are fully occupied for adult graves. Block B still has available space for infant and toddler burials. Block D is the active block currently being used for adult grave burials." So three of four blocks are FULL for adults and only Block D is open. Operations: "Dyers Lawn and Cemetery Services is contracted to open and close the graves and perform other maintenance"; lawn maintenance is handled by a MANB volunteer in Sussex. The recorded phone is MANB's main line in Saint John (+1.506.633.1675, info@manb.ca) - there is no separate cemetery office line. NOT SOURCED: whether graves face qiblah (MANB's Cemetery Guidelines page renders empty), the number of remaining plots in Block D, and Evergreen Memorial Park's own contact details. Rank: HIGH priority for a human phone call - remaining adult capacity is the question a family will ask first. This is a distinct place from the two NB cemeteries already in the directory (FIA Cemetery on Lincoln Road, Fredericton, and Moncton Muslim Cemetery in Riverview); the 2018 CBC report predates or overlooks a Fredericton ground, since it describes Sussex as the nearest Muslim cemetery for Fredericton families at that time.

What a burial costs here

We have not priced a Muslim burial in Sussex yet. We publish itemised, dated costs for 12 regions and Sussex is not one of them — rather than borrow a neighbouring city’s figures and present them as local, we would rather say so. See the regions we have priced.

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