Not on that ground alone. Claims succeed on statutory grounds — inadequate provision for a dependant, or in British Columbia for a spouse or child — rather than because a distribution is religious.
The Canadian position
Ontario protects testamentary freedom strongly. Spence v. BMO Trust upheld a will disinheriting a daughter where the will was unambiguous.
British Columbia is the outlier. Under section 60 of WESA a spouse or child — including an independent adult child — can apply to vary a will, and in Grewal v. Litt the court varied wills reflecting traditional cultural preferences.
The Islamic position
Faraid shares are not arbitrary, but a Canadian court assesses adequacy of provision, not religious correctness.
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.
What to do about it
- In BC especially, take advice before signing.
- Keep a memorandum with the will explaining the reasoning.
- Provide adequately for genuine dependants regardless of the fixed shares.
- Consider whether lifetime gifts achieve part of the intention more securely.
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
- Grewal v. Litt, 2019 BCSC 1154 — CanLII
- Wills, Estates and Succession Act, SBC 2009, c 13 — BC Laws
- Canadian Legal Information Institute — CanLII
- Spence v. BMO Trust Company, 2016 ONCA 196 — CanLII
- Estate trustee during litigation vs permanent trustee ontario — Treadstone Law
- Fluctuating capacity ontario dementia law — Treadstone Law
- Expert medical evidence in a will challenge ontario — Treadstone Law
- Right to refuse capacity assessment ontario — Treadstone Law
- Counterclaims ontario civil litigation explained — Treadstone Law
- Limited grant probate pending litigation ontario — Treadstone Law
- Wills & estates practice — Treadstone Law