If the original will was last known to be in the deceased's possession and cannot be found, a court may presume they destroyed it deliberately — and treat the estate as an intestacy.
The Canadian position
The presumption can be rebutted with evidence about storage and intention, but rebutting costs money and is not guaranteed.
A copy may sometimes be admitted, with supporting evidence.
The Islamic position
The result — a statutory distribution instead of the intended shares — is exactly what a wasiyyah is meant to prevent.
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 why where you store the original matters as much as what it says.
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
- 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
- What to do if you were left out of a will ontario — Treadstone Law
- Poa property vs will difference ontario — Treadstone Law
- Challenging validity of a power of attorney ontario — Treadstone Law
- Adding new child to will ontario — Treadstone Law
- Probating foreign out of province will ontario — Treadstone Law
- Conflicting wills which one governs ontario — Treadstone Law
- Wills & estates practice — Treadstone Law