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.
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 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 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
- Civil Code of Québec — Légis Québec
- Succession Law Reform Act, RSO 1990, c S.26 — Government of Ontario
- Administering estates — Government of Ontario
- How long does estate administration take no will ontario — Treadstone Law
- Stepchildren inheritance rights ontario no will — Treadstone Law
- Half relatives kindred rules ontario intestacy — Treadstone Law
- What happens if you die without a will ontario — Treadstone Law
- Intestacy ontario no will distribution — Treadstone Law
- Missing heir intestacy ontario estate — Treadstone Law
- Wills & estates practice — Treadstone Law