Sometimes, if it meets provincial requirements for formation and independent legal advice. Many do not, so do not assume.
The Canadian position
Sometimes, if it meets provincial requirements for formation and independent legal advice. Many do not, so do not assume.
Provincial law governs administration, so confirm the position where the estate will actually be administered.
The Islamic position
The fixed shares apply to the net estate after funeral expenses, debts and any bequest capped at one third.
Where a Canadian mechanism has no classical counterpart, treat it as a contemporary question for a qualified scholar.
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.
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
- Family Law Act, RSO 1990, c F.3 — Government of Ontario
- Canadian Legal Information Institute — CanLII
- Litigation guardian ontario lacks capacity — Treadstone Law
- What is civil litigation ontario — Treadstone Law
- Dependants support claim probate avoidance assets ontario — Treadstone Law
- What is case conference ontario litigation — Treadstone Law
- Extending deadline dependant support claim ontario — Treadstone Law
- Can you challenge a will before the person dies ontario — Treadstone Law
- Wills & estates practice — Treadstone Law