Islamic law does not permit removing a fixed heir's share. Canadian law generally permits disinheritance, but with real exceptions — and in British Columbia the exception is wide.
The Canadian position
Ontario protects testamentary freedom strongly; the Court of Appeal in Spence v. BMO Trust upheld a will disinheriting a daughter. A dependant support claim remains possible where the child was being supported.
British Columbia is different. Section 60 of WESA lets a child — including an independent adult child — apply to vary a will that failed to make adequate provision.
The Islamic position
Fixed heirs cannot be excluded by the testator. Their shares are set by the Qur'an, and the discretionary third cannot be used to give them more or to take their share away.
Where the four schools stand
Agreed. The four schools hold that the shares are not the testator’s to move. A bequest to a person who already inherits does not take effect — “Allah has given every rightholder his right, so there is no bequest to an heir”, from the Farewell Pilgrimage sermon — and Ibn Rushd records the schools as agreed both on that and on the consequence, that a bequest to an heir cannot stand where the co-heirs refuse it. A will therefore cannot be used to disinherit a son, to top up a daughter, or to attach conditions to what a fixed heir takes. What the shares can be varied by is agreement among the heirs after death. Once the estate vests, each heir owns their share outright and may give it, sell it or trade it, so adult competent heirs may settle among themselves — one takes the house and compensates the others. Ibn Qudama names Ahmad, al-Shafi’i, Abu Hanifa and his companions, and Malik as all giving effect to the heirs’ consent once the testator has died. The dissent Ibn Rushd records against that — the Zahiris and al-Muzani — belongs to none of the four. The distinction that carries all the weight is whose decision it is: the testator may not redraw the shares, and the heirs may only give away what has already become theirs. A minor’s share cannot be settled away by anyone. We checked this point; the schools do not differ on it.
Shared evidence: Sunan Abi Dawud 2870 — Abu Umamah, from the Farewell Pilgrimage sermon: “no bequest to an heir” · Jami‘ at-Tirmidhi 2120 — the same report; al-Tirmidhi grades it hasan sahih · Surah an-Nisa 4:11 — “an obligation from Allah”.
Not covered by this finding: what happens when a court varies the shares rather than the testator — a British Columbia wills-variation order under s.60 WESA, or an Ontario dependant support order — which is a contemporary question the classical texts do not reach — not yet researched school by school. Treat that as open and ask a scholar of your school.
Researched finding from our madhhab register — issue fixed-shares-inviolable, reviewed 2026-08-19.
Full evidence and history: Can the fixed shares be varied by agreement? — the issue page.
Related madhhab issue: The one-third cap on a bequest.
A faraid distribution is not disinheritance, but it does treat sons and daughters unequally. In BC that unequal treatment is exactly what a section 60 claim targets.
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
- Sahih al-Bukhari, Book 85: Laws of Inheritance (Faraid) — Sunnah.com
- Sahih Muslim, Book of Inheritance — Sunnah.com
- Grewal v. Litt, 2019 BCSC 1154 — CanLII
- Wills, Estates and Succession Act, SBC 2009, c 13 — BC Laws
- Canadian Legal Information Institute — CanLII
- Adult child dependant support claim ontario — Treadstone Law
- Estranged adult child dependant support claim ontario — Treadstone Law
- Dependant support claim ontario estate — Treadstone Law
- Adding dependant child after study permit approved canada — Treadstone Law
- Wills & estates practice — Treadstone Law