A minor's share vests immediately but they cannot manage it. Without a trust in the will, the funds may have to be paid into court until they reach majority.
The Canadian position
Most provinces will not permit a minor to receive estate funds directly. Absent a testamentary trust, money is paid into court or to the Public Guardian and Trustee.
A trust in the will lets you choose the trustee and set the age of distribution.
The Islamic position
Faraid gives a minor a full share. Entitlement is not the issue; administration is. The classical wali manages the property until rushd — maturity of judgement — not merely bulugh.
Not at puberty. Surah an-Nisa 4:6 makes the handing over depend on two things — reaching marriageable age and being found to have rushd, sound judgement with money — and all four schools require both. They differ on what happens if the second never arrives: Abu Hanifa capped the wait at twenty-five years, the other schools (and the Hanafi position later given fatwa) withhold the property indefinitely. They also differ on what rushd means, on who declares it, and, in the Maliki school, on whether a daughter must also be married before she takes control.
All four Sunni schools researched and sourced. Reviewed 2026-09-01. Full positions, evidence and sources — When does a child get their inheritance outright?.
Related madhhab issue: Does an heir’s share vest the moment the person dies?.
Making an Islamic will in Canada — province by province, and what makes one valid where you live →
What to do about it
- Include a testamentary trust for any beneficiary under 18.
- Name a trustee and an alternate.
- Set a realistic distribution age.
- Give the trustee power to spend on education and maintenance.
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.
- Surah an-Nisa 4:11 — shares of children and parents — Quran.com
- Surah an-Nisa 4:12 — shares of spouses and uterine siblings — Quran.com
- Surah an-Nisa 4:176 — the kalalah verse — Quran.com
- Succession Law Reform Act, RSO 1990, c S.26 — Government of Ontario
- Administering estates — Government of Ontario
- Substitute Decisions Act, 1992 — Government of Ontario
- Trust for minor child ontario will — Treadstone Law
- Can minors inherit directly ontario intestacy — Treadstone Law
- Public guardian trustee last resort ontario — Treadstone Law
- Study permit minor children canada — Treadstone Law
- Wills & estates practice — Treadstone Law