Quebec applies the Civil Code of Québec, which distributes to the spouse and children first. Parents typically receive nothing, and sons and daughters take equally.
The Canadian position
Under the Civil Code of Québec a surviving spouse takes division by fractions rather than a preferential dollar amount, with the residue divided with the children.
Probate in Quebec means no probate fees, and no verification at all for a notarial will, and the province has two near-universal registers, at the Chambre des notaires and the Barreau.
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.
Each parent takes one sixth where the deceased left children. With no child, the mother takes one third and the father takes the rest. Two or more brothers or sisters cut the mother back to one sixth. The four schools are not recorded as differing on any of this.
All four Sunni schools researched and sourced. Reviewed 2026-08-19. Full positions, evidence and sources — What a father and a mother inherit.
Related madhhab issue: The two-to-one ratio between a son and a daughter.
Related madhhab issue: Is a Muslim obliged to write a will?.
Islamic wills under Quebec law — what makes one valid here →
What to do about it
- Make a will valid under the Civil Code of Québec.
- 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 a source below. Details change — check the original source before relying on any figure, fee or legal position. Anything under “further reading” is related material, not a source for what is stated here.
- 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
- Civil Code of Québec — Légis Québec
- Succession Law Reform Act, RSO 1990, c S.26 — Government of Ontario
- Administering estates — Government of Ontario
- What happens to a will if a beneficiary dies first — Treadstone Law
- Preferential share spouse intestacy ontario — Treadstone Law
- Beneficiary designation vs will which controls — Treadstone Law
- Will vs beneficiary designation which controls — Treadstone Law
- Wills & estates practice — Treadstone Law