Saskatchewan applies The Wills Act, 1996, 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, 1996 a surviving spouse takes a preferential share before division with issue, with the residue divided with the children.
Probate in Saskatchewan means probate fees of roughly 0.7%, 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, 1996.
- 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
- What is estate trustee without a will ontario — Treadstone Law
- What is preferential share ontario intestacy — Treadstone Law
- Children born outside marriage intestacy ontario — Treadstone Law
- Per stirpes distribution intestacy ontario — Treadstone Law
- Does intestacy affect rrsp or tfsa ontario — Treadstone Law
- Ontario intestacy no spouse no children — Treadstone Law
- Wills & estates practice — Treadstone Law