Nova Scotia allows Testators' Family Maintenance Act claims.
The Canadian position
Claims are brought in the Supreme Court of Nova Scotia. 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.
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.
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.
- 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
- Grewal v. Litt, 2019 BCSC 1154 — CanLII
- Wills, Estates and Succession Act, SBC 2009, c 13 — BC Laws
- Canadian Legal Information Institute — CanLII
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