No. They witness your signature, not the contents. They should not be beneficiaries or married to beneficiaries.
The Canadian position
A gift to a witness or their spouse can be void even though the will stands.
An affidavit of execution sworn at signing saves considerable trouble later.
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
- Locating wills and documents — Law Society of Ontario
- Naming charity directly vs through will ontario — Treadstone Law
- Multiple wills inconsistent provisions risk ontario — Treadstone Law
- Summary judgment will validity ontario — Treadstone Law
- Separate will for foreign assets ontario strategy — Treadstone Law
- Predatory marriage effect on existing will ontario — Treadstone Law
- Intestacy ontario no will distribution — Treadstone Law
- Wills & estates practice — Treadstone Law