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.
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.
Where minor children are entitled, their share generally cannot be redirected. That alone can make full redistribution impossible.
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
- Succession Law Reform Act, RSO 1990, c S.26 — Government of Ontario
- Administering estates — Government of Ontario
- Canadian Legal Information Institute — CanLII
- Intestacy and ontario family property equalization — Treadstone Law
- Partial intestacy will doesnt cover everything ontario — Treadstone Law
- Body disposition dispute no will instructions ontario — Treadstone Law
- Half relatives kindred rules ontario intestacy — Treadstone Law
- Adopted children inheritance intestacy ontario — Treadstone Law
- Minor children inheritance intestacy ontario — Treadstone Law
- Wills & estates practice — Treadstone Law