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.
Making an Islamic will in Canada — province by province, and what makes one valid where you live →
This is why where you store the original matters as much as what it says.
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.
- 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
- Safeguarding original will as evidence ontario — Treadstone Law
- How does intestacy treat common law children — Treadstone Law
- Rebutting resulting trust presumption joint account ontario — Treadstone Law
- Wills & estates practice — Treadstone Law