The clause disposing of everything not specifically given away. Without it, whatever is left passes on a partial intestacy.
The Canadian position
Missing residue clauses are the single most common defect in template wills.
Faraid shares are naturally expressed as fractions of residue.
The Islamic position
The fixed shares apply to the net estate after funeral expenses, debts and any bequest capped at one third.
Where a Canadian mechanism has no classical counterpart, treat it as a contemporary question for a scholar rather than assuming an answer.
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.
- 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
- Administering estates — Government of Ontario
- Changing will guardian appointment ontario — Treadstone Law
- Leaving gifts to charities in a will ontario — Treadstone Law
- Leaving money for pet care ontario will — Treadstone Law
- Residue clause ontario will explained — Treadstone Law
- Can a beneficiary be a witness in ontario — Treadstone Law
- Trust or just a will ontario — Treadstone Law
- Wills & estates practice — Treadstone Law