How do I make an Islamic will in Victoria?
The same way as anywhere in British Columbia — and that is the point worth understanding. There is no Victoria 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.
- 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.
- 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).
- 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.
- Have it drafted. The Registry does not draft wills. Treadstone Law, an independent Ontario firm, handles the drafting side.
- Record where it is kept — free, and it is what lets your executor find it.
Municipalities have no jurisdiction over wills or estates. Under s. 92(13) of the Constitution Act, 1867 that is provincial. Any page promising a “Victoria Islamic will” is selling you a British Columbia will.
The British Columbia rules that decide whether it works
| Governing statute | Wills, Estates and Succession Act (WESA) |
| Court | Supreme Court of British Columbia |
| Handwritten (holograph) wills | Not 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 cost | Roughly 1.4% on larger estates — charged in bands above a $25,000 threshold. |
| Spouse’s share if there is no will | The 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 will | Section 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 Victoria 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 2 Victoria mosques with a confirmed service, from each organisation’s own published information.
Westshore Islamic Centre (BC Muslim Association - Westshore Branch)
Where Victoria’s mosques bury
Burial grounds in Victoria
Royal Oak Burial Park — plots available. Greater Victoria's Muslim burial option and the only cemetery on Vancouver Island for which any Muslim burial provision could be sourced. Operator: a not-for-profit, community-owned burial park - "Royal Oak Burial Park is the only not-for-profit, community-owned burial park and cremation memorial facility in the Victoria, BC region" (its own site) - so neither a municipality nor a commercial group. It serves all faiths and operates a crematorium, so all_muslim is false. Muslim provision: the park's executive director, Ilan Highton, is quoted in a Royal-Oak-sponsored feature in the Victoria Times Colonist saying that alongside "graves facing east-west, or north-south ... Those belonging to the Muslim or Baha'i faith are also provided with options that allow bodies to touch the soil, in accordance with those traditions." Separately, the BC Muslim Association's Victoria branch states on its own page: "In 2003, the Board of the BCMA Victoria branch delegated a special committee to establish a Muslim cemetery in Victoria. As a result of that initiative, the community now has a Muslim cemetery. Initially 38 burial plots were purchased. While some plots were purchased by individuals, others belong to the Association and are made available when required ... in June 2008 an additional 62 plots were purchased in a new adjoining development phase of the burial park and will be available for use by year-end." IMPORTANT GAP: the BCMA page never names the burial park, and Royal Oak's own website never mentions Muslim burial or a Muslim section - so muslim_section is left NULL. The link between the BCMA Victoria plots and Royal Oak is inference from the phrase "the burial park" plus the operator's own quoted statement about Muslim accommodation, and it has NOT been confirmed. Note also that BCMA's central funeral page lists only three Lower Mainland cemeteries (Ocean View, Victory Memorial Park, Vedder View Gardens) and does not list any Victoria ground. plots_available is true for the park generally ("Royal Oak Burial Park has recently expanded our burial areas"), not specifically for Muslim plots. Rank: HIGH priority for a human phone call - both to the park (250-658-5621) and to the BCMA Victoria branch, to establish whether a designated Muslim area exists, where it is, and whether BCMA plots remain.
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.
The organisations in Victoria
Each account below is drawn from the organisation’s own published information, checked on the date shown in its directory entry. We record what they say about themselves; we do not assess it.
Masjid Al-Iman (BC Muslim Association - Victoria Branch)
The branch's own about page records that 'In 1993, the Victoria Branch of the British Columbia Muslim Association (BCMA) was formed', that 'in the latter part of 1996, two adjoining lots were purchased with a house on each lot. One house was remodeled as a Masjid', and that construction of the first masjid on Vancouver Island was 'completed on November 1st, 2012'. In 2003 the branch board delegated a committee to establish a Muslim cemetery, buying 38 plots, with a further 62 added in June 2008. The parent body, the B.C. Muslim Association, states it 'is a non-profit organization incorporated under the Societies Act on November 17, 1966 corresponding to 4 Sha-ban 1386' and was registered as a charity by CRA effective 1967-01-01 (BN 118801224RR0001) at its Richmond head office - that registration covers the association, not this branch separately.
Listed services: five daily prayers and the Friday prayer (two jama'ahs), funeral services, including an on-site burial preparation room and BCMA's 24/7 funeral hotline, Qur'an classes for children and adults, Qur'an lecture nights, Weekend School / Madrasa, marriage services (BCMA appoints marriage officers) and 3 more.
Where to go next
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.
- Surah an-Nisa 4:11–12, 4:176 — Quran.com
- Book of Wills (Wasaya) — Sahih al-Bukhari, Sunnah.com
- Wills, Estates and Succession Act, SBC 2009, c 13 — BC Laws
- Probate fees by province / territory — TaxTips.ca
- Wills Registry — Province of British Columbia