Although a Will is not compulsory under Canadian Law, there are legal implications of not having a will. For example, not having a will may affect the distribution of your assets, which could cause great turmoil after your death. From a legal and Islamic perspective, having a will in place is better, especially in this uncertain time.
For followers of the Islamic faith, it is important to know that Canadian Law allows you to have an Islamic Will.
What will Happen If you Die Without a Will?
If a Muslim dies in Canada without a Will, his or her property will be divided according to the Canadian Law, which is Succession Law Reform Act; and, your surviving relatives will not receive their shares in accordance with Islamic Injunctions. By not preparing a will, you are impliedly allowing a non-Islamic authority to distribute your estate according to the law of the country.
What is the difference between a traditional and Islamic Will?
An Islamic Will is like a traditional Will, but the contents of the Will regarding the distribution of your assets will be mainly based on the principles of Islam, as given in the Holy Quran and Sunnah.
Is Islamic Will enforceable?
Islamic Will is valid and enforceable if the conditions given in the Ontario Succession Law Reform Act have been satisfied. If the Will was signed by the testator with his/her free will, without any intimidation or influence of any person, and is also witnessed, the Will would be enforceable.
Since legal, financial, and religious implications can arise on the death of a Muslim in the absence of an Islamic Will, it is recommended that every Muslim should prepare a Will to have peace of mind in life.