Scholars generally encourage equality in lifetime gifts to children, in contrast to the fixed inheritance ratio. Views on the details differ.
The Canadian position
Scholars generally encourage equality in lifetime gifts to children, in contrast to the fixed inheritance ratio. Views on the details differ.
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.
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.
- Sahih al-Bukhari, Book 55: Wills and Testaments (Wasaya) — Sunnah.com
- Sahih Muslim, Book of Wills — Sunnah.com
- Egyptian Dar al-Ifta — Dar al-Ifta al-Missriyyah
- Research Papers — Cambridge Muslim College
- Research — Cambridge Muslim College
- Academics — Islamic law and theology curriculum — Zaytuna College
- Encyclopaedia of Islam — Brill
- Administering estates — Government of Ontario
- Designation matrimonial home ontario — Treadstone Law
- Title insurance on property from receivership sale ontario — Treadstone Law
- Closing without title insurance in place ontario — Treadstone Law
- Matrimonial home both names title separation — Treadstone Law
- Who keeps matrimonial home ontario separation — Treadstone Law
- Title insurance vs survey ontario real estate — Treadstone Law
- Wills & estates practice — Treadstone Law