A fully discretionary trust that preserves a disabled beneficiary's provincial income support. The heir's entitlement is preserved but held rather than paid out.
The Canadian position
Because the beneficiary has no fixed entitlement, the assets are generally not counted against benefits such as ODSP.
The Islamic position
Paying a disabled heir their share outright could disqualify them from support they need. Whether the discretionary structure is compatible with a vested faraid share is a genuine contemporary question — put it to a scholar directly.
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.
General information, not legal or religious advice. Inheritance depends entirely on the exact family circumstances. Confirm the Canadian position with a lawyer in your province and any religious ruling with a qualified scholar.
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
- Research Papers — Cambridge Muslim College
- Research — Cambridge Muslim College
- Academics — Islamic law and theology curriculum — Zaytuna College
- Encyclopaedia of Islam — Brill
- T3 Trust Guide — Canada Revenue Agency
- Ontario Disability Support Program — Government of Ontario
- Clearance certificate estate trustee liability canada — Treadstone Law
- Corporate trustee vs family member ontario — Treadstone Law
- Joint partner trust ontario — Treadstone Law
- Succeeding estate trustee certificate ontario — Treadstone Law
- Executor vs administrator vs estate trustee ontario — Treadstone Law
- Trustee vs executor ontario key differences — Treadstone Law
- Wills & estates practice — Treadstone Law