Conditions of that kind are risky. Canadian courts strike down testamentary conditions found contrary to public policy or void for uncertainty.
The Canadian position
Conditions restraining marriage or based on religion have been challenged, and outcomes vary with wording and jurisdiction.
A void condition can leave the gift standing without it — or fail entirely.
The Islamic position
The classical shares do not permit conditions on a fixed heir's entitlement in any case.
Encouragement belongs in a letter of wishes, not in a binding condition.
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 the clause most likely to generate litigation and least likely to achieve what you intend. Take advice before including anything like it.
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
- Grewal v. Litt, 2019 BCSC 1154 — CanLII
- Wills, Estates and Succession Act, SBC 2009, c 13 — BC Laws
- Canadian Legal Information Institute — CanLII
- Spence v. BMO Trust Company, 2016 ONCA 196 — CanLII
- Canadian Legal Information Institute — CanLII
- What is dependant definition ontario succession — Treadstone Law
- Testamentary capacity ontario mental capacity make will — Treadstone Law
- Estranged adult child dependant support claim ontario — Treadstone Law
- Power of attorney selling matrimonial home during incapacity ontario — Treadstone Law
- Grandchild dependant support claim ontario — Treadstone Law
- New will surfaces during litigation ontario — Treadstone Law
- Wills & estates practice — Treadstone Law