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.
Not by the testator: a bequest in favour of someone who is already an heir does not take effect, so a will cannot be used to enlarge one heir’s share or cut another’s. It can be varied by the heirs, once the estate has vested in them — but that is their gift to make, not the testator’s.
All four Sunni schools researched and sourced. Reviewed 2026-08-19. Full positions, evidence and sources — Can the fixed shares be varied by agreement?.
Making an Islamic will in Canada — province by province, and what makes one valid where you live →
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 a source below. Details change — check the original source before relying on any figure, fee or legal position. Anything under “further reading” is related material, not a source for what is stated here.
- 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
- Marriage validity void voidable ontario — Treadstone Law
- Probate avoidance strategies ontario courts struck down — Treadstone Law
- Children born outside marriage intestacy ontario — Treadstone Law
- Wills & estates practice — Treadstone Law