Sworn evidence from a witness that the will was properly signed. Usually sworn at the time and kept with the will.
The Canadian position
Without one, proving the will later is slower and more expensive.
It is standard practice for any lawyer-drafted will.
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
- 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
- Litigation guardian incapable party will dispute ontario — Treadstone Law
- Naming step parent guardian in will ontario — Treadstone Law
- Residue clause ontario will explained — Treadstone Law
- Can a will override joint ownership survivorship ontario — Treadstone Law
- Support order despite will gift ontario — Treadstone Law
- Forged or fraudulent will ontario what to do — Treadstone Law
- Wills & estates practice — Treadstone Law