Nova Scotia applies the Probate Act and 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 Probate Act and Intestate Succession Act a surviving spouse takes a preferential share reported as low as $50,000, with the residue divided with the children.
Probate in Nova Scotia means among the highest probate fees in Canada, 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 Probate Act and 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
- Preferential share spouse intestacy ontario — Treadstone Law
- Dying without a will intestacy ontario — Treadstone Law
- Intestacy spouse multiple children ontario — Treadstone Law
- What is dependent support claim intestacy ontario — Treadstone Law
- Half siblings intestacy ontario — Treadstone Law
- Stepchildren inheritance rights ontario no will — Treadstone Law
- Wills & estates practice — Treadstone Law