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Testamentary Capacity

The mental capacity required to make a valid will.

Draft — pending review. This page has been prepared but has not yet been reviewed by a Canadian estates lawyer or a qualified scholar. Treat it as a starting point for questions, not as advice you should act on.

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.

Across the madhahib

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:

Important

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.