The presumption that a will last known to be in the testator's possession, but not found, was destroyed deliberately.
In Islamic law
The practical result — an intestate distribution under provincial statute — is exactly what a Muslim making a wasiyyah is trying to avoid. This is the risk a will registry exists to reduce.
In Canadian law
If an original will cannot be located after death and was last known to be with the testator, courts may presume it was destroyed with intent to revoke. The presumption can be rebutted with evidence, but the estate may otherwise be administered as an intestacy.
We have not yet researched whether the four Sunni schools differ on this term, so we are not going to tell you either way. 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:
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.
- Safeguarding original will as evidence ontario — Treadstone Law
- Presumption of death missing beneficiary ontario — Treadstone Law
- Wills & estates practice — Treadstone Law