Yes, and it is often wise. Caring for children and managing money are different skills, and the split provides a check.
The Canadian position
Yes, and it is often wise. Caring for children and managing money are different skills, and the split provides a check.
Provincial law governs administration, so confirm the position where the estate will actually 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 mechanism 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
- Substitute Decisions Act, 1992 — Government of Ontario
- T3 Trust Guide — Canada Revenue Agency
- Selling property owned by a minor in ontario — Treadstone Law
- Joint guardianship of property ontario — Treadstone Law
- Guardian of the person court application ontario — Treadstone Law
- Minor variance four tests ontario — Treadstone Law
- Limitation periods minors incapable persons ontario — Treadstone Law
- Statutory guardianship property ontario pgt — Treadstone Law
- Wills & estates practice — Treadstone Law