British Columbia allows wills-variation claims under section 60, open to independent adult children.
The Canadian position
Claims are brought in the Supreme Court of British Columbia. The grounds are statutory — inadequate provision, capacity, undue influence — not religious disagreement.
British Columbia is the outlier nationally, because section 60 of WESA lets an independent adult child apply to vary a will.
The Islamic position
A faraid distribution treats sons and daughters unequally, which is the feature such a claim targets where the province permits it.
Recording the reasoning in a memorandum kept with the will is worth doing regardless of its legal weight.
All four schools apply the ratio in Surah an-Nisa 4:11 without variation: where sons and daughters take the residue together, each son takes twice each daughter’s share. No school is recorded as differing on the ratio itself. What the ratio is often taken to mean is wider than what it says.
All four Sunni schools researched and sourced. Reviewed 2026-08-19. Full positions, evidence and sources — The two-to-one ratio between a son and a daughter.
Related madhhab issue: Can the fixed shares be varied by agreement?.
Islamic wills under British Columbia law — what makes one valid here →
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.
- Wills, Estates and Succession Act, SBC 2009, c 13 — BC Laws
- Grewal v. Litt, 2019 BCSC 1154 — CanLII
- Wills, Estates and Succession Act, SBC 2009, c 13 — BC Laws
- Canadian Legal Information Institute — CanLII
- Undue influence will challenge ontario — Treadstone Law
- Undue influence will challenge ontario — Treadstone Law
- Duress undue influence ontario contract law — Treadstone Law
- Responding to an undue influence accusation ontario — Treadstone Law
- Wills & estates practice — Treadstone Law