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Should I explain in my will why the shares are unequal?

A short explanation can help, and a separate memorandum is usually better than putting it in the will itself.

Draft — pending review. This page has been prepared but has not yet been reviewed by a Canadian estates lawyer or a qualified scholar. Treat it as a starting point for questions, not as advice you should act on.

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.

Across the madhahib

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.

The mistake people make

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.

Before you act on this

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.

Scholarly & institutional references
  1. Research Papers — Cambridge Muslim College
  2. Research — Cambridge Muslim College
  3. Academics — Islamic law and theology curriculum — Zaytuna College
  4. Encyclopaedia of Islam — Brill
Canadian legislation & government
  1. Grewal v. Litt, 2019 BCSC 1154 — CanLII
  2. Wills, Estates and Succession Act, SBC 2009, c 13 — BC Laws
  3. Canadian Legal Information Institute — CanLII
  4. Spence v. BMO Trust Company, 2016 ONCA 196 — CanLII
Canadian legal commentary
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