Distribution by branch — a deceased child's share passes to their own children rather than being redistributed among the survivors.
The Canadian position
Contrasted with per capita, where surviving beneficiaries share equally and a predeceased branch takes nothing.
Canadian anti-lapse rules may achieve a similar result by default.
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 scholar rather than assuming an answer.
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
- Succession Law Reform Act, RSO 1990, c S.26 — Government of Ontario
- Administering estates — Government of Ontario
- Charitable gifts bequests ontario will — Treadstone Law
- Revoke personal care poa ontario — Treadstone Law
- Multiple notices of objection same will ontario — Treadstone Law
- Naming charity directly vs through will ontario — Treadstone Law
- Promised inheritance not in the will ontario — Treadstone Law
- Suspicious circumstances doctrine will challenge ontario — Treadstone Law
- Wills & estates practice — Treadstone Law