Usually yes, and often it cannot be redirected. Pension legislation commonly gives a spouse a priority entitlement that survives whatever the will says.
The Canadian position
Many registered pension plans give a surviving spouse a statutory entitlement that can only be waived by a prescribed form signed before death.
The Islamic position
A survivor pension passes outside the estate, so it is not divided by the fixed shares. Where it is the largest asset, the faraid distribution applies to relatively little.
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.
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 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
- Death of an RRSP annuitant — Canada Revenue Agency
- Death of a TFSA holder — Canada Revenue Agency
- What to do when someone has died — Canada Revenue Agency
- Trust as beneficiary ontario — Treadstone Law
- Tfsa day trading dollar threshold cra review — Treadstone Law
- Separation effect on will beneficiary designations ontario — Treadstone Law
- Can life insurance reduce estate taxes — Treadstone Law
- Buy sell agreement life insurance ontario estate plan — Treadstone Law
- Next of kin vs beneficiary ontario whats the difference — Treadstone Law
- Wills & estates practice — Treadstone Law