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.
Where the four schools stand
Agreed. The four schools hold that the shares are not the testator’s to move. A bequest to a person who already inherits does not take effect — “Allah has given every rightholder his right, so there is no bequest to an heir”, from the Farewell Pilgrimage sermon — and Ibn Rushd records the schools as agreed both on that and on the consequence, that a bequest to an heir cannot stand where the co-heirs refuse it. A will therefore cannot be used to disinherit a son, to top up a daughter, or to attach conditions to what a fixed heir takes. What the shares can be varied by is agreement among the heirs after death. Once the estate vests, each heir owns their share outright and may give it, sell it or trade it, so adult competent heirs may settle among themselves — one takes the house and compensates the others. Ibn Qudama names Ahmad, al-Shafi’i, Abu Hanifa and his companions, and Malik as all giving effect to the heirs’ consent once the testator has died. The dissent Ibn Rushd records against that — the Zahiris and al-Muzani — belongs to none of the four. The distinction that carries all the weight is whose decision it is: the testator may not redraw the shares, and the heirs may only give away what has already become theirs. A minor’s share cannot be settled away by anyone. We checked this point; the schools do not differ on it.
Shared evidence: Sunan Abi Dawud 2870 — Abu Umamah, from the Farewell Pilgrimage sermon: “no bequest to an heir” · Jami‘ at-Tirmidhi 2120 — the same report; al-Tirmidhi grades it hasan sahih · Surah an-Nisa 4:11 — “an obligation from Allah”.
Not covered by this finding: what happens when a court varies the shares rather than the testator — a British Columbia wills-variation order under s.60 WESA, or an Ontario dependant support order — which is a contemporary question the classical texts do not reach — not yet researched school by school. Treat that as open and ask a scholar of your school.
Researched finding from our madhhab register — issue fixed-shares-inviolable, reviewed 2026-08-19.
Full evidence and history: Can the fixed shares be varied by agreement? — the issue page.
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.
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 a source below. Details change — check the original source before relying on any figure, fee or legal position. Anything under “further reading” is related material, not a source for what is stated here.
- 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
- Adult child dependant support claim ontario — Treadstone Law
- Disabled adult child never lived with deceased dependant ontario — Treadstone Law
- Estranged adult child dependant support claim ontario — Treadstone Law
- Signing a mortgage under power of attorney ontario — Treadstone Law
- Wills & estates practice — Treadstone Law