The mental capacity required to make a valid will.
In Islamic law
Classical fiqh likewise requires soundness of mind for a valid wasiyyah, and treats bequests made in the final illness under separate rules.
In Canadian law
The testator must understand the nature of making a will, the extent of their property, and who might reasonably expect to benefit. Capacity is assessed at the time of signing, and is the most common ground for challenging a will.
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:
- Testamentary capacity ontario mental capacity make will
- Challenging a will lack of testamentary capacity ontario
- Testamentary capacity ontario what does it mean
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.
- Testamentary capacity ontario mental capacity make will — Treadstone Law
- Challenging a will lack of testamentary capacity ontario — Treadstone Law
- Testamentary capacity ontario what does it mean — Treadstone Law
- Common mistakes making a will ontario — Treadstone Law
- Wills & estates practice — Treadstone Law