The province's intestacy formula applies, and it will not resemble faraid. Parents typically receive nothing, sons and daughters take equally, and a spouse may take most of a modest estate.
The Canadian position
In Ontario a surviving married spouse takes a preferential share of $350,000, then one third of the residue where two or more children survive. Common-law partners inherit nothing on an Ontario intestacy.
Every province sets its own formula and its own preferential share, so the outcome depends on where the deceased lived.
The Islamic position
Nothing about intention changes the outcome. An intestate estate is distributed by statute regardless of what the deceased wanted or believed.
This is the single most common way a Muslim estate in Canada ends up divided contrary to the fixed shares.
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.
What to do about it
- If you have no will, this is the reason to make one.
- If a relative has died without one, get provincial advice early — the formula is not negotiable.
- Heirs who all agree may be able to redistribute afterwards by family settlement.
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.
- Surah an-Nisa 4:11 — shares of children and parents — Quran.com
- Surah an-Nisa 4:12 — shares of spouses and uterine siblings — Quran.com
- Surah an-Nisa 4:176 — the kalalah verse — Quran.com
- Sahih al-Bukhari, Book 85: Laws of Inheritance (Faraid) — Sunnah.com
- Sahih Muslim, Book of Inheritance — Sunnah.com
- 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
- Does intestacy affect rrsp or tfsa ontario — Treadstone Law
- Intestacy and ontario family property equalization — Treadstone Law
- What happens to digital assets intestacy ontario — Treadstone Law
- Minor children inheritance intestacy ontario — Treadstone Law
- Can common law partner inherit without a will ontario — Treadstone Law
- Does spouse inherit if no will ontario — Treadstone Law
- Wills & estates practice — Treadstone Law