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.
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.
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 one of the references below. Legislation and dollar thresholds change — verify against the primary source before relying on any figure.
- 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
- 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
- Administering estates — Government of Ontario
- Matrimonial home rights when separated — Treadstone Law
- Adding spouse to title ontario — Treadstone Law
- What counts as matrimonial home ontario definition — Treadstone Law
- Hst real property self supply rule — Treadstone Law
- Title requisitions seller obligations ontario — Treadstone Law
- Title insurance power of sale ontario — Treadstone Law
- Wills & estates practice — Treadstone Law