Manitoba applies The Wills Act and The Intestate Succession Act, which distributes to the spouse and children first. Parents typically receive nothing, and sons and daughters take equally.
The Canadian position
Under The Wills Act and The Intestate Succession Act a surviving spouse takes the whole estate where all children are the spouse's, with the residue divided with the children.
Probate in Manitoba means no probate fees at all since November 2020, and the province has no central will registry.
The Islamic position
Faraid gives each parent one sixth where the deceased left children, and a son twice a daughter's share. Neither feature appears in any provincial formula.
Nothing about intention changes an intestacy. Only a valid will that can be found produces the intended distribution.
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
- Make a will valid under The Wills Act and The Intestate Succession Act.
- Review every beneficiary designation.
- Check how the family home is held.
- Record where the original will is kept.
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
- Succession Law Reform Act, RSO 1990, c S.26 — Government of Ontario
- Administering estates — Government of Ontario
- Intestacy impact on family home ontario — Treadstone Law
- What happens if you die without a will ontario — Treadstone Law
- Minor children inheritance intestacy ontario — Treadstone Law
- Partial intestacy will doesnt cover everything ontario — Treadstone Law
- Can minors inherit directly ontario intestacy — Treadstone Law
- Body disposition dispute no will instructions ontario — Treadstone Law
- Wills & estates practice — Treadstone Law