Wasiyyah is the discretionary bequest of up to one third of the net estate.
The Canadian position
Canadian law imposes no cap, so the limit is one the will adopts voluntarily.
Canadian law gives effect to whatever a valid will says, so an Islamic concept takes effect here through the drafting rather than automatically.
The Islamic position
It is capped at one third and cannot go to a fixed heir without the other heirs' consent after death.
Confirm the position for your own family and school with a qualified scholar rather than relying on a general summary.
All four Sunni schools cap a bequest at one third of the net estate, after debts and funeral expenses.
All four Sunni schools researched and sourced. Reviewed 2026-08-16. Full positions, evidence and sources — The one-third cap on a bequest.
Related madhhab issue: When must the heirs’ consent be given?.
Making an Islamic will in Canada — province by province, and what makes one valid where you live →
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.
- Sahih al-Bukhari, Book 55: Wills and Testaments (Wasaya) — Sunnah.com
- Sahih Muslim, Book of Wills — Sunnah.com
- Surah al-Baqarah 2:180 — the bequest verse — Quran.com
- Is ontario will valid if signed by one witness — Treadstone Law
- Wills & estates practice — Treadstone Law