Home  ›  Ilm Hub  ›  Answers  ›  What should I do about my will if I have bee
Ilm Hub

What should I do about my will if I have been diagnosed with a serious illness?

Make or update the will while capacity is clear, and note that gifts made in a final illness are treated as bequests religiously.

This is legal information only. For advice on your own circumstances, speak to a lawyer.

Make or update the will while capacity is clear, and note that gifts made in a final illness are treated as bequests religiously.

The Canadian position

Make or update the will while capacity is clear, and note that gifts made in a final illness are treated as bequests religiously.

Provincial law governs validity, administration and the grounds on which a will can be challenged — so the answer can change if you move.

The Islamic position

Have the faraid shares recalculated whenever the family configuration changes; they are conditional on who survives.

Record the reasoning and the scholar consulted in a memorandum kept with the will.

Where the four schools stand

Researched — the four schools agree

Agreed. It is measured as a bequest, not as a gift. The Kuwaiti Mawsu’a states the agreement in one sentence naming every school: “where the sick man has heirs, the jurists of the Hanafis, the Shafi’is, the Malikis and the Hanbalis have agreed that the sick man’s gift takes effect in this case if a third of his property will carry it” — and “if it exceeds the third, the excess depends on the heirs’ ratification: if they allow it, it goes through; if they reject it, it is void.” The authority the schools give for treating a death-illness transfer this way is Sa‘d ibn Abi Waqqas’s hadith — the same text that fixes the one-third cap on a will — and al-Tahawi’s comment on it is the whole doctrine in a line: the Prophet “made his charity during his illness come out of the third, just as his bequests come out of the third after his death”. Where the recipient is one of the heirs, the Mawsu’a again names the Hanafis, the Shafi’is on their preferred view, the Malikis and the Hanbalis: the gift depends on the remaining heirs’ consent whether it is less than a third or more — expressly “as in a bequest to an heir”. The practical upshot for a Canadian family is that a transfer signed in a hospital bed is not taken out of the faraid reckoning by the fact that it was signed before the death. It is brought back in and measured against the third. We checked this point; the schools do not differ on it.

Shared evidence: al-Mawsu’a al-Fiqhiyya al-Kuwaytiyya, “Marad al-Mawt” sec. 5 — “the jurists of the Hanafis, the Shafi’is, the Malikis and the Hanbalis have agreed that the sick man’s gift takes effect... if a third of his property will carry it” · The same entry, on the excess and on the gift to an heir — the surplus “depends on the heirs’ ratification”, and a gift to an heir depends on the others’ consent “whether it is less than a third or more — as in a bequest to an heir” · Sa‘d ibn Abi Waqqas’s hadith, quoted by the Mawsu’a as the proof, with al-Tahawi’s comment that the Prophet “made his charity during his illness come out of the third, just as his bequests come out of the third after his death” · Sahih al-Bukhari 2742 — the underlying hadith · Sahih Muslim 1628a — the underlying hadith.

Not covered by this finding: two cases the agreement above does not reach. First, the donor who leaves no heirs at all: there the Hanafis let the gift take effect in full even if it swallows everything, while the Shafi’is and Malikis still void it above the third, on the reasoning that the property would otherwise go to the Muslims at large and there is nobody to ratify on their behalf. Second, a non-preferred view of al-Shafi’i that a death-illness gift to an heir is not merely suspended on the other heirs’ consent but void outright. Separately, where the donor dies owing debts that swallow the estate, the analysis is not about the third at all: the gift does not take effect against the creditors, and the Mawsu’a records that they may set it aside and bring the property back into the distribution among them. — not yet researched school by school. Treat that as open and ask a scholar of your school.

Researched finding from our madhhab register — issue marad-al-mawt, reviewed 2026-09-01.

What counts as the final illness — and what if the donor recovers

What counts as a death-illness, and what if he gets better. On this the schools are not uniform, and the Mawsu’a says so. The majority definition is the feared illness that ends in death — and it counts even if the death came from something else, a fall or an accident rather than the illness itself. The Hanafi definition is tighter and more mechanical: the illness in which fear of death predominates, in which the person can no longer see to his affairs outside the house (or, for a woman, inside it), and in which he dies within a year — the year running afresh from any point at which the illness sharply worsens. The Shafi’is and Hanbalis resolve a doubtful case by medical evidence, requiring the opinion of physicians. Two further points the Mawsu’a makes are worth having in front of a family. First, a long-standing chronic condition is not a death-illness — it becomes one only from the moment it turns and the person dies of that turn. Second, and most reassuring, recovery cancels the whole analysis: “if he recovers from this illness it becomes clear that it was not a death-illness, and his dispositions in it count as the dispositions of a healthy man, with no difference” — and while he is alive neither heirs nor creditors may interfere with what he does with his property, precisely because he may still get better. The same rules are extended by the majority to states that are not illness at all but carry the same danger: a soldier once the lines have met, a passenger in a storm at sea, a prisoner led out for execution, a woman in labour.

Full evidence and history: A gift made in the final illness — gift or bequest? — the issue page.

What to do about it

  1. Recalculate the shares for the new circumstances.
  2. Update the will with a lawyer in your province.
  3. Review every beneficiary designation.
  4. Confirm where the original is kept.
Note

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.

Islamic primary sources
  1. Sahih al-Bukhari, Book 55: Wills and Testaments (Wasaya) — Sunnah.com
  2. Sahih Muslim, Book of Wills — Sunnah.com
Canadian legislation & government
  1. Succession Law Reform Act, RSO 1990, c S.26 — Government of Ontario
  2. Administering estates — Government of Ontario
Further reading — Treadstone Law
  1. Charitable gifts bequests ontario will — Treadstone Law
  2. Specific gifts bequests ontario will — Treadstone Law
  3. Beneficiary designation vs will which controls — Treadstone Law
  4. Conflicting wills which one governs ontario — Treadstone Law
  5. Wills & estates practice — Treadstone Law