The will can say so, but spousal rights and an election may defeat it. This needs provincial advice before drafting.
The Canadian position
The will can say so, but spousal rights and an election may defeat it. This needs provincial advice before drafting.
Provincial law governs the detail, so confirm the position where the estate will be administered.
The Islamic position
The fixed shares apply to the net estate after funeral expenses, debts and any bequest capped at one third.
Where a Canadian instrument has no classical counterpart, treat it as a contemporary question for a qualified scholar.
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
- Family Law Act, RSO 1990, c F.3 — 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
- Dependants support claim slra ontario — Treadstone Law
- Parenting plan in uncontested divorce ontario — Treadstone Law
- Contested probate applications ontario estate trustee — Treadstone Law
- What makes a divorce contested in ontario — Treadstone Law
- Litigation disclosure condo status certificate ontario — Treadstone Law
- Document retention once litigation anticipated ontario — Treadstone Law
- Wills & estates practice — Treadstone Law