Home  ›  Ilm Hub  ›  Answers  ›  Can a will be challenged in Saskatchewan?
Ilm Hub

Can a will be challenged in Saskatchewan?

Saskatchewan allows dependants' relief legislation.

Draft — pending review. This page has been prepared but has not yet been reviewed by a Canadian estates lawyer or a qualified scholar. Treat it as a starting point for questions, not as advice you should act on.

Saskatchewan allows dependants' relief legislation.

The Canadian position

Claims are brought in the Court of King's Bench. 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.

Across the madhahib

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.

Before you act on this

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.

Scholarly & institutional references
  1. Research Papers — Cambridge Muslim College
  2. Research — Cambridge Muslim College
  3. Academics — Islamic law and theology curriculum — Zaytuna College
  4. Encyclopaedia of Islam — Brill
Canadian legislation & government
  1. Succession Law Reform Act, RSO 1990, c S.26 — Government of Ontario
  2. Grewal v. Litt, 2019 BCSC 1154 — CanLII
  3. Wills, Estates and Succession Act, SBC 2009, c 13 — BC Laws
  4. Canadian Legal Information Institute — CanLII
Canadian legal commentary
  1. Dependant support order trustee personal liability ontario — Treadstone Law
  2. Review hearing challenge continued cas involvement — Treadstone Law
  3. What is arbitration vs litigation ontario — Treadstone Law
  4. Contested divorce process ontario step by step — Treadstone Law
  5. Counterclaims ontario civil litigation explained — Treadstone Law
  6. Cost of litigation contract dispute ontario — Treadstone Law
  7. Wills & estates practice — Treadstone Law