Coercion that overbears the testator's own wishes — more than persuasion. The will must reflect someone else's intention rather than the testator's.
The Canadian position
Frequently alleged where one adult child arranged the will for an elderly parent and benefits disproportionately.
The Islamic position
A wasiyyah must be freely made. A coerced disposition is invalid.
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
- Have the testator instruct the lawyer alone.
- Avoid having a major beneficiary arrange the appointment or attend the meeting.
- Keep the lawyer's notes.
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
- Grewal v. Litt, 2019 BCSC 1154 — CanLII
- Wills, Estates and Succession Act, SBC 2009, c 13 — BC Laws
- Canadian Legal Information Institute — CanLII
- Dependant support claim costs if unsuccessful ontario — Treadstone Law
- Litigation 5 — Treadstone Law
- What is discovery ontario litigation — Treadstone Law
- Freezing estate assets pending will challenge ontario — Treadstone Law
- What is pre trial conference ontario civil litigation — Treadstone Law
- Uncontested divorce ontario — Treadstone Law
- Wills & estates practice — Treadstone Law