Possibly — through outstanding support obligations or family property claims, even where a divorce revoked gifts under the will.
The Canadian position
Possibly — through outstanding support obligations or family property claims, even where a divorce revoked gifts under the will.
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.
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.
- 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
- Capacity assessment guardianship vs poa activation ontario — Treadstone Law
- Child support guidelines uncontested divorce ontario — Treadstone Law
- Dependant support standard of living consideration ontario — Treadstone Law
- Family costs vs civil litigation costs difference — Treadstone Law
- Third party claims ontario civil litigation — Treadstone Law
- Will clause attempting to block dependant support claim ontario — Treadstone Law
- Wills & estates practice — Treadstone Law