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Can I leave a debt forgiven in my will?

Yes. Forgiving a debt owed to you is effectively a gift, and where the debtor is a fixed heir it is treated as a bequest to an heir.

Draft — pending review. This page has been prepared but has not yet been reviewed by a Canadian estates lawyer or a qualified scholar. Treat it as a starting point for questions, not as advice you should act on.

Yes. Forgiving a debt owed to you is effectively a gift, and where the debtor is a fixed heir it is treated as a bequest to an heir.

The Canadian position

Canadian law simply gives effect to the forgiveness clause.

Because it benefits a fixed heir, the other heirs' consent is needed religiously.

The Islamic position

The fixed shares apply to the net estate after funeral expenses, debts and any bequest capped at one third.

Where a Canadian mechanism has no classical counterpart, treat it as a contemporary question for a scholar rather than assuming an answer.

Across the madhahib

The four Sunni schools are not recorded as differing materially on this point in the sources reviewed. Where your own case turns on it, put it to a scholar of your school.

Before you act on this

General information, not legal or religious advice. Inheritance depends entirely on the exact family circumstances. Confirm the Canadian position with a lawyer in your province and any religious ruling with a qualified scholar.

Citations & sources

Every factual claim on this page traces to one of the references below. Legislation and dollar thresholds change — verify against the primary source before relying on any figure.

Islamic primary sources
  1. Sahih al-Bukhari, Book 55: Wills and Testaments (Wasaya) — Sunnah.com
  2. Sahih Muslim, Book of Wills — Sunnah.com
  3. Surah an-Nisa 4:11 — shares of children and parents — Quran.com
  4. Surah an-Nisa 4:12 — shares of spouses and uterine siblings — Quran.com
  5. Surah an-Nisa 4:176 — the kalalah verse — Quran.com
Scholarly & institutional references
  1. Research Papers — Cambridge Muslim College
  2. Research — Cambridge Muslim College
  3. Academics — Islamic law and theology curriculum — Zaytuna College
  4. Encyclopaedia of Islam — Brill
Canadian legislation & government
  1. Administering estates — Government of Ontario
Canadian legal commentary
  1. Burden of proof in a will challenge ontario — Treadstone Law
  2. Can i leave out a child from my will ontario — Treadstone Law
  3. Who can apply to administer estate no will ontario — Treadstone Law
  4. Can you designate beneficiary in a will ontario — Treadstone Law
  5. Applying estate trustee without will ontario — Treadstone Law
  6. Do you need a will ontario — Treadstone Law
  7. Wills & estates practice — Treadstone Law