A short explanation can help, and a separate memorandum is usually better than putting it in the will itself.
The Canadian position
Courts may consider stated reasons. In Spence v. BMO Trust the Ontario Court of Appeal upheld an unambiguous will; in BC, Grewal v. Litt shows cultural reasoning is not by itself decisive.
The Islamic position
Recording that the distribution follows the Qur'anic shares, and naming the scholar consulted, is worth doing regardless of its legal weight.
Do not include reasoning that could be read as discriminatory in a way courts treat as contrary to public policy. Have a lawyer review the wording.
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
- Estate freeze family trust shares ontario — Treadstone Law
- Shares held in trust ontario corporation — Treadstone Law
- Wills & estates practice — Treadstone Law