Once capacity is lost, a will can no longer be made. The estate will be distributed by provincial intestacy rules.
The Canadian position
Capacity is assessed at the moment of signing. A will made after capacity is lost is invalid.
The Islamic position
The hadith warns against delay for exactly this reason — the window to record your wishes closes without warning.
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 strongest practical argument for not postponing. Capacity is not something you can schedule.
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.
- Sahih al-Bukhari, Book 55: Wills and Testaments (Wasaya) — Sunnah.com
- Sahih Muslim, Book of Wills — Sunnah.com
- Research Papers — Cambridge Muslim College
- Research — Cambridge Muslim College
- Academics — Islamic law and theology curriculum — Zaytuna College
- Encyclopaedia of Islam — Brill
- Substitute Decisions Act, 1992 — Government of Ontario
- Succession Law Reform Act, RSO 1990, c S.26 — Government of Ontario
- Administering estates — Government of Ontario
- Challenging validity of a power of attorney ontario — Treadstone Law
- Poa personal care faith based facility ontario — Treadstone Law
- Ontario power of attorney valid other provinces — Treadstone Law
- Minor children personal care poa ontario — Treadstone Law
- Poa property immediate vs springing ontario — Treadstone Law
- Sponsor incapacitated during sponsorship process canada — Treadstone Law
- Wills & estates practice — Treadstone Law