Can I leave more than one third of my estate to charity?

The Canadian position

Testamentary freedom in Canada is broad. A gift of the entire estate to a registered charity is enforceable, and generates a donation tax credit on the final return that can materially reduce tax.

The Islamic position

The one-third ceiling comes from the hadith of Sa'd ibn Abi Waqqas, who wished to leave two thirds and was limited to one third, with the Prophet ﷺ adding that 'one third, and one third is a lot.'

A bequest beyond one third is not void outright — it takes effect to one third, and the remainder depends on the heirs consenting once the estate falls due.

Related madhhab issue: When must the heirs’ consent be given?.

What to do about it

1. Decide the charitable amount as a fraction of the net estate, not a fixed dollar figure.
2. Name registered Canadian charities so the estate can claim the donation credit.
3. If you want to exceed one third, discuss it with your heirs and with a scholar.