Destroying the original with intent to revoke does revoke it — which is also why a missing original may be presumed destroyed.
The Canadian position
Partial destruction creates ambiguity and litigation. Make a new will instead.
Destroy old originals only once the new will is signed.
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.
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.
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
- Succession Law Reform Act, RSO 1990, c S.26 — Government of Ontario
- Administering estates — Government of Ontario
- Is a probated will public record ontario — Treadstone Law
- Can registered nurse home care worker be witness ontario will — Treadstone Law
- Who can witness power of attorney ontario — Treadstone Law
- Revoke data room access if i stop trusting a buyer — Treadstone Law
- How long do you have to contest a will in ontario — Treadstone Law
- Estate trustee neutral in will challenge ontario — Treadstone Law
- Wills & estates practice — Treadstone Law