In most provinces yes, unilaterally, by registering the appropriate instrument. Take advice on the consequences first.
The Canadian position
In most provinces yes, unilaterally, by registering the appropriate instrument. Take advice on the consequences first.
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
- Canadian Legal Information Institute — CanLII
- Jointly held assets probate ontario right of survivorship explained — Treadstone Law
- Matrimonial home sale proceeds division timing divorce ontario — Treadstone Law
- Owner title insurance duration ontario — Treadstone Law
- Registering spousal interest matrimonial home not on title ontario — Treadstone Law
- Removing ex spouses name from title after separation agreement ontario — Treadstone Law
- Severing joint tenancy without notice separation ontario — Treadstone Law
- Wills & estates practice — Treadstone Law