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.
Where the four schools stand
Agreed. A Muslim may direct up to one third of the net estate by wasiyyah — after debts and funeral expenses are met — and no more. The four schools do not differ on the ceiling itself, and they also agree that the limit exists to protect the fixed heirs rather than to restrict generosity.
Shared evidence: Sahih al-Bukhari 2742 · Sahih Muslim 1628a.
Not covered by this finding: the treatment where there are no fixed heirs at all — not yet researched school by school. Treat that as open and ask a scholar of your school.
Researched finding from our madhhab register — issue one-third-cap, reviewed 2026-08-16.
Full evidence and history: The one-third cap on a bequest — the issue page.
Related madhhab issue: When must the heirs’ consent be given?.
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