Consent by heirs validating a bequest that would otherwise be void.
In Islamic law
A bequest exceeding one third, or made to a fixed heir, becomes effective if the other heirs consent after death. Consent before death is not effective in the majority view.
In Canadian law
Canadian law needs no such consent — the will governs. The consent question arises only religiously.
No significant difference between the four Sunni schools is recorded on this point in the sources reviewed. Where a specific case turns on it, ask a qualified scholar rather than relying on a general summary.
Canadian legal detail
Treadstone Law, an Ontario firm with a wills and estates practice, covers the Canadian side of this in more depth:
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- Does ontario will cover foreign property
- Estate trustee neutral in will challenge ontario
This entry is general information, not legal or religious advice. Inheritance turns on the exact family circumstances. Confirm Canadian law 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.
- 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
- Encyclopaedia of Islam — Brill
- Succession Law Reform Act, RSO 1990, c S.26 — Government of Ontario
- Locating wills and documents — Law Society of Ontario
- Passport validity requirements entering canada — Treadstone Law
- Spousal election equalization vs will ontario — Treadstone Law
- Updating will after sale of property ontario — Treadstone Law
- Probate out of province will ontario — Treadstone Law
- Can a beneficiary be a witness in ontario — Treadstone Law
- Wills & estates practice — Treadstone Law