Canadian law lets you. Islamic law does not — a specific asset cannot be bequeathed to a fixed heir without the other heirs' consent after death.
The Canadian position
A specific gift of real property is enforceable. It may trigger a dependant support claim, and in BC a wills-variation claim.
Watch for ademption: if the house is sold before death, the gift simply fails and that child receives nothing in its place.
The Islamic position
A bequest to a fixed heir is invalid unless the remaining heirs consent once the estate falls due. All four schools take this position.
What families often do instead is direct that the house be valued and one child take it against their share, compensating the others — a settlement rather than a bequest.
We have not yet researched whether the four Sunni schools differ on this specific point, so we are not going to tell you either way. If your own case turns on it, put it to a scholar of your school.
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 55: Wills and Testaments (Wasaya) — Sunnah.com
- Sahih Muslim, Book of Wills — Sunnah.com
- Egyptian Dar al-Ifta — Dar al-Ifta al-Missriyyah
- Succession Law Reform Act, RSO 1990, c S.26 — Government of Ontario
- Administering estates — Government of Ontario
- Dependant support secured against specific asset ontario — Treadstone Law
- Adult child dependant support claim ontario — Treadstone Law
- Consent settlement dependant support without trial ontario — Treadstone Law
- Can i leave out a child from my will ontario — Treadstone Law
- Wills & estates practice — Treadstone Law