Yes, by court application — but courts are reluctant to override a testator's choice without real evidence of failure or conflict.
The Canadian position
Grounds include failure to act, misconduct, conflict of interest and incapacity. A passing of accounts is often the first step, since it forces disclosure.
The Islamic position
The wasi holds the estate as an amanah. Persistent failure to discharge it is a breach, and replacement is appropriate.
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.
What to do about it
- Request an accounting in writing.
- Escalate through a lawyer if ignored.
- Apply to compel a passing of accounts.
- Seek removal only if the evidence supports it — costs usually come from the estate.
This is legal information only. For advice on your own circumstances, speak to a lawyer.
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.
- Research Papers — Cambridge Muslim College
- Research — Cambridge Muslim College
- Academics — Islamic law and theology curriculum — Zaytuna College
- Encyclopaedia of Islam — Brill
- Administering estates — Government of Ontario
- Canadian Legal Information Institute — CanLII
- Beneficiary dispute with executor ontario — Treadstone Law
- Can executor pay lawyer accountant from estate ontario — Treadstone Law
- Executor gift lapses beneficiary predeceases — Treadstone Law
- Executor dies before finishing estate administration ontario — Treadstone Law
- Executor dealing with digital assets ontario — Treadstone Law
- Pre taking executor compensation ontario risks — Treadstone Law
- Wills & estates practice — Treadstone Law