A copy may be admissible, but where the original was last known to be in the deceased's possession a court may presume it was destroyed deliberately — and administer the estate as an intestacy.
The Canadian position
The presumption can be rebutted with evidence about how the will was stored and whether the deceased intended to revoke it. Rebutting it costs money and takes time.
An executor must swear to a diligent search before the estate can be treated as intestate.
The Islamic position
A will that cannot be found produces exactly the outcome a wasiyyah exists to prevent. The hadith speaks of the will being 'kept ready with him' — findability is part of the obligation.
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.
What to do about it
- Contact the deceased's lawyer, and the successor firm if it closed.
- Check safety deposit boxes at every bank they used.
- Search home safes, filing cabinets and digital storage.
- Search will registries — government where one exists, private otherwise.
- Contact the provincial law society about wound-up practices.
- Document every step; it becomes the affidavit of diligent search.
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
- Locating wills and documents — Law Society of Ontario
- Apply for probate of an estate — Government of Ontario
- Estate Administration Tax — Government of Ontario
- Estates Act, RSO 1990, c E.21 — Government of Ontario
- How to apply for probate ontario step by step — Treadstone Law
- Bank release funds after probate ontario — Treadstone Law
- Loans owed to deceased estate administration tax ontario — Treadstone Law
- Debts and mortgages reduce estate administration tax ontario — Treadstone Law
- Selling an inherited property before probate ontario — Treadstone Law
- Valuing cryptocurrency for probate ontario — Treadstone Law
- Wills & estates practice — Treadstone Law