Ontario has the largest and most diverse Muslim population in Canada. The Greater Toronto Area alone has an estimated 700,000+ Muslim residents across communities from South Asian, Arab, East African, Bosnian, Iranian, and West African backgrounds. Despite this, most Ontario Muslims don't have a will — and without one, their estates fall under Ontario's default rules, which have nothing to do with Islamic inheritance law.
The good news: Ontario has more options for Islamic estate planning than any other province in Canada. Here's what you need to know to get protected.
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How Ontario probate law handles Islamic wills
Ontario's estate law is governed primarily by the Succession Law Reform Act (SLRA) and the Estates Administration Act. For a will to be valid in Ontario, it must be in writing, signed by the testator, and witnessed by 2 people who are not beneficiaries. Ontario also recognizes holographic wills (entirely handwritten and signed, no witnesses required) for some purposes.
A will that instructs distribution according to Islamic faraid is fully enforceable in Ontario as long as it meets these execution requirements. Ontario courts will follow your Islamic distribution instructions. The one constraint: Ontario's Family Law Act gives a surviving spouse certain property rights (equalization of net family property) that can override will instructions in some cases — this is worth addressing with a lawyer if you're concerned about it.
The free option: Basira Foundation
Basira Islamic Foundation offers a completely free Islamic will through freeislamicwill.ca — and as a national nonprofit, they serve Ontario residents. For straightforward situations (a single adult, a couple with no business assets, modest estate), the Basira free will is a legitimate, Sharia-grounded starting point. It produces a legally valid document when properly executed.
The limits are real: the Basira will is a template. It doesn't handle business succession, complex blended family situations, large registered accounts, or jointly held real estate that passes outside probate. For anyone with more than a simple estate, the free template is a placeholder — not a final solution.
Ontario-specific legal options: Shuter Law and Lerners Estate
Ontario has something no other province currently offers: law firms with explicit expertise in Islamic estate planning. Shuter Law in Ontario has experience drafting wills that incorporate Islamic inheritance principles and understands how to navigate Ontario probate law within an Islamic framework. Lerners Estate is another Ontario firm that handles complex estate planning, including for Muslim clients.
For Ontario Muslims with significant assets — real estate, business interests, retirement accounts, complex family situations — these firms provide the full legal protection that the free template doesn't. The cost of a properly drafted will is modest compared to the cost of contested probate or an estate that gets distributed the wrong way.
What Ontario Muslims often get wrong
The most common mistake: relying on joint ownership instead of a will. In Ontario, many couples hold property as joint tenants with right of survivorship — which means the surviving spouse inherits the property outside of probate entirely, bypassing the will. If your will says distribute assets according to faraid but your house is held jointly, the house doesn't follow your will. You need to either address joint tenancy explicitly or restructure how the property is titled.
The second common mistake: beneficiary designations on RRSPs, TFSAs, and life insurance that don't match Islamic distribution intentions. These assets pass directly to the named beneficiary outside of probate, regardless of what your will says. A complete Islamic estate plan coordinates will instructions with beneficiary designations on all registered accounts.
Muslim communities in Ontario
The GTA's Muslim communities span Mississauga (the Meadowvale and Erin Mills areas have large South Asian Muslim populations), Brampton, Scarborough, North York, and Etobicoke. Outside the GTA: Ottawa has a significant Muslim community including Somali, Arab, and Pakistani concentrations. Hamilton, London, and Windsor all have established Muslim communities with active mosques and community organizations.
Estate planning outreach within these communities is limited. Many families assume their mosque or community will sort things out. They won't — not legally. An Islamic will executed under Ontario law is the only document that actually protects your family's financial future according to your beliefs.
IjaraCDC for the home financing side
For Ontario Muslims also thinking about halal home financing alongside estate planning, IjaraCDC is the active HalalWallet partner in Canada and serves Ontario. Coordinating your home financing structure (which affects how real estate fits into your estate) with your Islamic will is worth doing together — a lawyer familiar with both halal financing and estate planning can help you structure them to work in tandem. For a broader look at halal home financing in Canada, see the halal home financing hub.
Bottom line
Ontario Muslims have more Islamic estate planning options than anywhere else in Canada. The Basira Foundation free will handles simple situations. Shuter Law and Lerners Estate handle complex ones. The step that matters most is taking one of them — because the alternative is Ontario's intestacy rules, which will divide your estate in a way that almost certainly doesn't match your intentions or your faith.
Frequently asked questions
Is there an Ontario-specific Islamic will template? Basira Foundation's template is designed to be valid across Canadian provinces, including Ontario, when properly executed. For a truly Ontario-specific document addressing joint property, FLA rights, and beneficiary designation coordination, a lawyer is the better route.
What is Ontario probate and should I try to avoid it? Ontario probate (now called Certificate of Appointment of Estate Trustee) is the court process that validates your will and gives your executor legal authority to administer the estate. It costs a percentage of estate value (0.5% on the first $50,000, 1.5% above that). Some families use trusts to reduce probate; others accept the cost as the price of a well-administered estate. A lawyer can advise based on your estate size.
Do I need a separate will for my Ontario real estate and my overseas assets? Typically yes. Ontario probate only covers Ontario assets. If you have property in another country, you may need a separate will or other legal instrument governed by that country's laws. Get advice from both an Ontario estates lawyer and a lawyer in the relevant jurisdiction.
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Can my executor be someone outside Ontario? Yes. Ontario law doesn't require an Ontario-resident executor, though a non-resident executor may need to post a bond. For simplicity, naming an Ontario-resident as primary executor and a non-resident as backup is often advisable.
What happens to my RRSP when I die in Ontario? Your RRSP passes to the named beneficiary outside of probate — it doesn't go through your will. If the named beneficiary is your spouse, the transfer can be tax-free (rollover). If no beneficiary is named, the RRSP goes into your estate and is taxed as income. Make sure your RRSP beneficiary designation aligns with your Islamic estate planning intentions.
