How an Islamic will works in Ontario
An Islamic will usually does two things. First, it directs that after debts and funeral costs are paid, your estate goes to your heirs in the Islamic shares. Second, it can include a wasiyya, a bequest of up to one third of the estate to people who aren't fixed heirs, or to charity, such as a mosque or a relative who wouldn't otherwise inherit.
Our job is the legal side: making sure the will does what you intend, in a form an Ontario court will enforce. The religious shares should be confirmed with a scholar or imam you trust, particularly in blended families or where it isn't clear who counts as an heir. We don't issue religious rulings, and we're happy to work from the guidance your scholar gives you.
Two Ontario laws that can override a will
No will, Islamic or otherwise, operates in a vacuum. Two Ontario laws can change the result, and a good Islamic will is drafted with both in mind.
- Family Law Act election: a surviving married spouse can choose to take an equalization of family property instead of what the will leaves them. They generally have six months after the death to decide.
- Dependant support: under Part V of the Succession Law Reform Act, a spouse, child or other person you were supporting can ask the court for support from your estate if the will doesn't make adequate provision for them.
This matters most when the Islamic shares leave a spouse or a dependant with less than they could claim under Ontario law. We talk through those risks with you and look at ways to reduce them, for example with life insurance or how certain assets are held.
Executors, guardians and children's shares
Your executor, called an estate trustee in Ontario, carries out the will. Choose someone you trust who understands your wishes and can handle paperwork and money responsibly.
If you have children under 18, you can name the person you'd want to care for them. In Ontario that appointment in a will lasts 90 days, during which the person has to apply to court for custody, so pick someone who is willing to do that. You can also hold a child's share in trust until they're older, rather than having it paid out at 18.
Property back home
Many clients own property in Pakistan, India, Bangladesh, the Middle East or elsewhere. An Ontario will isn't always the most practical way to deal with foreign property, and the local law there may have its own inheritance rules. We'll flag these issues, and where it makes sense we'll suggest getting a will or advice in that country as well.
Signing it properly
An Ontario will has to be in writing and signed at the end by you, in front of two witnesses who are present at the same time and who also sign. A witness, or a witness's spouse, shouldn't be a beneficiary, or the gift to them can fail. Ontario also allows witnessing by video, as long as one of the witnesses is a lawyer or paralegal licensed in Ontario.
Two recent changes are worth knowing. Since 2022, getting married no longer cancels an existing will in Ontario, and separated spouses can lose gifts left to them in a will. If your family situation changes, review your will.
What to bring to your appointment
- Photo ID
- A list of your assets in Canada and abroad, with rough values
- Names and dates of birth of your spouse, children, parents and siblings
- Who you'd like as executor and, if you have young children, as guardian
- Any charities or people you'd like to include in the wasiyya
- Your existing will, if you have one, and any written guidance from your scholar
Talk to a wills and power of attorney lawyer in Mississauga
Most clients finish their will and powers of attorney in one or two meetings.
Not ready to book? Start with our free checklist
A 4-page Ontario guide to what to decide, who can witness, and what to bring to your will and power of attorney appointment.
Frequently asked questions
Is an Islamic will legally valid in Ontario?
Yes, if it's signed and witnessed properly. Ontario lets you choose who inherits, including following the Islamic shares. A spouse's Family Law Act election and dependant support claims can still affect the result, so the will should be drafted with those in mind.
How much does a will and power of attorney cost?
Our fee for a simple will and both powers of attorney generally ranges from $1,000 to $1,500 plus HST and disbursements for a straightforward situation, and up to $3,000 plus HST and disbursements for more complex matters involving tax planning or planning to reduce estate administration tax (probate fees). We confirm your exact fee in writing before any work begins, and that's the fee you pay.
Can I leave my daughters half of what my sons receive?
Ontario law generally allows you to divide your estate as you choose, including following the Islamic shares. Adult children who weren't financially dependent on you don't have an automatic claim, but a dependant you were supporting could seek support from the estate. We'll talk through that risk.
What is the one-third wasiyya?
It's a bequest of up to one third of the estate to people who aren't fixed heirs or to charity. The rest is distributed in the Islamic shares. Please confirm the details with your scholar.
What happens if I die without a will in Ontario?
Ontario's intestacy rules apply. If you're married with children, your spouse receives the first $350,000 and shares the rest with the children. Islamic shares aren't applied, and someone has to apply to court to be appointed to administer the estate.
My spouse and I want matching wills. Is that possible?
Yes. Couples often sign mirror wills that follow the same approach. Each person still signs their own will.
Do I also need powers of attorney?
We recommend them. A will only works after death. Powers of attorney cover your money and your health care if you can't make decisions while you're alive.
Do you handle probate after someone passes away?
No. We focus on preparing wills and powers of attorney. We don't handle probate applications or estate administration.
Can we meet in Urdu, Hindi or Punjabi?
Yes. We meet clients in English, Urdu, Hindi and Punjabi.
Related guides
- Dying Without a Will in Ontario: Who Inherits?
- Do I Need a Lawyer to Make a Will in Ontario?
- Separated in Ontario: Can Your Ex Still Inherit From You?
- Online Will Kit Risks: Why Hire a Mississauga Estate Lawyer
- Islamic Will in Ontario: Can You Follow Sharia Inheritance Rules?
- How to Choose an Executor (Estate Trustee) for Your Will in Ontario
Related services
This page is general information about Ontario law, not legal advice, and reading it doesn't create a lawyer–client relationship. Laws change, so please speak with us about your situation. Read our full disclaimer.