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.
The four Sunni schools are not recorded as differing materially on this point in the sources reviewed. Where your own case turns on it, put it to a scholar of your school.
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.
General information, not legal or religious advice. Inheritance depends entirely on the exact family circumstances. Confirm the Canadian position with a lawyer in your province and any religious ruling with a qualified scholar.
Citations & sources
Every factual claim on this page traces to one of the references below. Legislation and dollar thresholds change — verify against the primary source before relying on any figure.
- 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
- Research Papers — Cambridge Muslim College
- Research — Cambridge Muslim College
- Academics — Islamic law and theology curriculum — Zaytuna College
- Encyclopaedia of Islam — Brill
- Succession Law Reform Act, RSO 1990, c S.26 — Government of Ontario
- Administering estates — Government of Ontario
- Substitute Decisions Act, 1992 — Government of Ontario
- Guardianship annual accounting ontario — Treadstone Law
- Guardian of the person court application ontario — Treadstone Law
- Kiddie tax minor children family business canada — Treadstone Law
- Unaccompanied minors seeking protection in canada — Treadstone Law
- Guardian recovering stolen funds elder abuse ontario — Treadstone Law
- Guardian decision conflict with family wishes ontario — Treadstone Law
- Wills & estates practice — Treadstone Law