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.
Not by the testator: a bequest in favour of someone who is already an heir does not take effect, so a will cannot be used to enlarge one heir’s share or cut another’s. It can be varied by the heirs, once the estate has vested in them — but that is their gift to make, not the testator’s.
All four Sunni schools researched and sourced. Reviewed 2026-08-19. Full positions, evidence and sources — Can the fixed shares be varied by agreement?.
Making an Islamic will in Canada — province by province, and what makes one valid where you live →
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