No. An attorney can manage your property but cannot make or alter a will on your behalf.
The Canadian position
Will-making is a personal act. An attorney who purports to change testamentary arrangements is acting outside their authority.
An attorney can, however, take actions that indirectly affect what the will distributes — such as selling a specifically gifted asset.
The Islamic position
A wakil acts within delegated authority. Testamentary disposition is not delegable.
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.
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.
- Research Papers — Cambridge Muslim College
- Research — Cambridge Muslim College
- Academics — Islamic law and theology curriculum — Zaytuna College
- Encyclopaedia of Islam — Brill
- Substitute Decisions Act, 1992 — Government of Ontario
- Succession Law Reform Act, RSO 1990, c S.26 — Government of Ontario
- Administering estates — Government of Ontario
- Guardianship of property ontario when theres no poa — Treadstone Law
- What is power of attorney for property ontario — Treadstone Law
- Personal care poa ontario activate when — Treadstone Law
- Can i sell property under power of attorney ontario — Treadstone Law
- When is court guardianship necessary no poa ontario — Treadstone Law
- Continuing power of attorney for property ontario overview — Treadstone Law
- Wills & estates practice — Treadstone Law