Canadian law permits it; Islamic law caps the bequest at one third without the heirs' consent after death.
The Canadian position
Canadian law permits it; Islamic law caps the bequest at one third without the heirs' consent after death.
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.
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 →
What to do about it
- Recalculate the shares for the new circumstances.
- Update the will with a lawyer in your province.
- Review every beneficiary designation.
- Confirm where the original is kept.
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.
- Surah al-Baqarah 2:180 — the bequest verse — Quran.com
- Sahih al-Bukhari, Book 55: Wills and Testaments (Wasaya) — Sunnah.com
- Sahih Muslim, Book of Wills — Sunnah.com
- What to do when someone has died — Canada Revenue Agency
- Income Tax Act, RSC 1985, c 1 (5th Supp) — Justice Laws Canada
- Conflicting wills which one governs ontario — Treadstone Law
- Beneficiary designation vs will which controls — Treadstone Law
- Will vs beneficiary designation which controls — Treadstone Law
- Charity designation categories cra — Treadstone Law
- Wills & estates practice — Treadstone Law