A person who watches the testator sign and signs in turn.
In Islamic law
Islamic practice values two upright witnesses to a bequest. The Canadian rule adds a disqualification the classical rules approach differently.
In Canadian law
Most provinces require two. A beneficiary — or a beneficiary's spouse — should never witness, because the gift to them may be void even though the will stands.
Making an Islamic will in Canada — province by province, and what makes one valid where you live →
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:
- Does ontario require witness to sign in testators presence
- Can a beneficiary be a witness in ontario
- Can a beneficiary witness a will ontario
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.
- Does ontario require witness to sign in testators presence — Treadstone Law
- Can a beneficiary be a witness in ontario — Treadstone Law
- Can a beneficiary witness a will ontario — Treadstone Law
- Can i require my lawyer sign off on title before closing — Treadstone Law
- Wills & estates practice — Treadstone Law