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Islamic Wills in Canada

Islamic Wills in Burnaby

The law is provincial; the community layer is local. What British Columbia requires of your will, and what Burnaby offers around it.

This is legal information only. For advice on your own circumstances, speak to a lawyer.
1 of 4 mosques with a confirmed janazah service
3 burial grounds named by local mosques
6 organisations listed in Burnaby

How do I make an Islamic will in Burnaby?

The same way as anywhere in British Columbia — and that is the point worth understanding. There is no Burnaby will law. Wills are provincial, so the rules that decide whether your will is valid are British Columbia’s. What is genuinely local is everything around the will: which mosques here can perform a janazah, where they bury, and what it costs.

  1. Work out the shares. The faraid calculator gives every heir’s fraction under the school you follow, with a written report you can hand to a drafter.
  2. Meet British Columbia’s formalities. This is the part that decides whether the document works at all — not valid as a category — bc requires wills to be signed and witnessed by two people (the British Columbia formalities in full).
  3. Check your beneficiary designations. An RRSP, a TFSA or a life policy with a named beneficiary may pass outside the estate under Canadian law — whether it also sits outside the tarikah is disputed among contemporary scholars, so do not assume it escapes the shares.
  4. Have it drafted. The Registry does not draft wills. Treadstone Law, an independent Ontario firm, handles the drafting side.
  5. Record where it is kept — free, and it is what lets your executor find it.
Why there is no Burnaby will law

Municipalities have no jurisdiction over wills or estates. Under s. 92(13) of the Constitution Act, 1867 that is provincial. Any page promising a “Burnaby Islamic will” is selling you a British Columbia will.

The British Columbia rules that decide whether it works

Governing statuteWills, Estates and Succession Act (WESA)
CourtSupreme Court of British Columbia
Handwritten (holograph) willsNot valid as a category — BC requires wills to be signed and witnessed by two people. Section 58 gives the court a curative discretion to give effect to a non-compliant document, but that is a court application, not a right.
Probate costRoughly 1.4% on larger estates — charged in bands above a $25,000 threshold.
Spouse’s share if there is no willThe spouse first takes the household furnishings outright, then a preferential share of $300,000 where all of the intestate’s descendants are also the spouse’s, or $150,000 where they are not. The residue after the preferential share is then split one half to the spouse and one half to the descendants.
Challenges to the willSection 60 of WESA permits a spouse OR a child — including an independent adult child — to apply to vary a will that fails to make adequate provision. This is the broadest such regime in Canada.

Deeper: making a valid will · dying without one · probate · challenges.

Mosques in Burnaby with janazah services

An Islamic will usually records burial wishes — ghusl, kafan, burial without delay. A janazah needs physical facilities: a mortuary, cold storage, a washing room. Not every mosque has them.

These are the 1 Burnaby mosque with a confirmed service, from each organisation’s own published information.

The other 3 Burnaby mosques we list have not published a funeral service. A blank is not a no — it means we could not confirm it.

Where Burnaby’s mosques bury

Burnaby’s mosques name 3 burial grounds on their own funeral pages. That is confirmation from the masjid, not from the cemetery.

Burial grounds in Burnaby

Forest Lawn Memorial Park. Large general cemetery on Royal Oak Avenue in Burnaby, listed first among the three cemeteries used by the Az-Zahraa Islamic Centre (The Shia Muslim Community of British Columbia) on its own funeral-services cemeteries page, which publishes this address and phone and links a downloadable site map of the grounds (az-zahraa.com/wp-content/uploads/2019/06/forestlawn_site_map.pdf). This is a DIFFERENT place from Forest Lawn Memorial Gardens in London, Ontario, and from Ocean View Burial Park (also in Burnaby, already in this directory as the BC Muslim Association's Burnaby ground). NOT CONFIRMED: whether Forest Lawn has a formally designated Muslim section, its operator, acreage, plot availability, or whether graves face qiblah - Az-Zahraa's page states only the name, address and phone, and no operator page was found that mentions Muslim burial. A website could not be verified, so the field is left null rather than guessed. Rank: needs a phone call.

Mosques that name it on their own funeral pages: London Muslim Mosque (London).

Ocean View Burial Park (BC Muslim Association plots) — a Muslim section within a wider cemetery. Large Burnaby cemetery and funeral home (Dignity Memorial). The BC Muslim Association's own funeral page names Ocean View as one of three Lower Mainland cemeteries where it owns burial plots for the Muslim community, which is the basis for the Muslim-section flag here. Note the cemetery's own page describes accommodations for several cultural and faith communities but does NOT itself mention an Islamic section - so confirm the exact section and current availability with BCMA (funeral hotline 604-727-8001) or the cemetery office before relying on it.

Mosques that name it on their own funeral pages: Abbotsford Islamic Center (BC Muslim Association) (Abbotsford) · Masjid Al-Salaam and Education Centre (BC Muslim Association - Burnaby Branch) · Masjid Ur-Rahmah (Surrey) · Masjid al-Haqq (BC Muslim Association - Vancouver Branch) (Vancouver) · Richmond Jamea Masjid (Richmond) · Surrey Jami'a Mosque (Surrey).

What a burial costs here

The order of payment matters for a will: funeral expenses come out first, then debts, then any bequest — capped at one third — and only then are the fixed shares calculated. A large funeral bill shrinks every heir’s share. See the itemised costs for this region, with the plot, the grave opening and the mosque’s own fee separated.

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.

Islamic primary sources
  1. Surah an-Nisa 4:11–12, 4:176 — Quran.com
  2. Book of Wills (Wasaya) — Sahih al-Bukhari, Sunnah.com
Canadian legislation & government
  1. Wills, Estates and Succession Act, SBC 2009, c 13 — BC Laws
  2. Probate fees by province / territory — TaxTips.ca
  3. Wills Registry — Province of British Columbia