Often yes, through a family settlement — but only if every affected person is an adult, competent, and agrees. A minor's share cannot be given away.
The Canadian position
Canadian estates use family settlement agreements routinely. The estate is administered under the statutory formula, and the beneficiaries then redistribute among themselves by agreement.
There can be tax consequences to the transfers, so take advice before signing.
The Islamic position
This is close to takharuj — a settlement among heirs of shares that have already vested. The classical concern is that it be genuinely voluntary and fully informed.
Yes, and the classical name for it is takharuj. All four schools allow it, because after the death the shares already belong to the heirs and what they do next is a fresh transaction between owners — a sale, a partition or a gift — not an amendment of the faraid. Where they part company is on the conditions, and those conditions are not decorative: the Malikis void a payment in cash out of the settling heirs’ own pockets where the estate holds both gold and silver as well as goods, the Hanafis void a settlement on one of two currencies unless it exceeds the withdrawing heir’s share of that same currency, and the Shafi’is only allow the version done over a denial if the payment comes out of the estate itself.
All four Sunni schools researched and sourced. Reviewed 2026-09-01. Full positions, evidence and sources — Can the heirs agree to divide differently from the faraid?.
Related madhhab issue: Does an heir’s share vest the moment the person dies?.
Making an Islamic will in Canada — province by province, and what makes one valid where you live →
Where minor children are entitled, their share generally cannot be redirected. That alone can make full redistribution impossible.
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.
- Succession Law Reform Act, RSO 1990, c S.26 — Government of Ontario
- Administering estates — Government of Ontario
- Canadian Legal Information Institute — CanLII
- Executor estate with minor and adult beneficiaries — Treadstone Law
- Signing a mortgage under power of attorney ontario — Treadstone Law
- Service on minor or incapable person ontario — Treadstone Law
- Kiddie tax minor children family business canada — Treadstone Law
- Wills & estates practice — Treadstone Law