A court application asking a judge to decide what an ambiguous will means. Common where a will says 'distribute according to Islamic law' without stating shares.
The Canadian position
The estate pays for it. The outcome may not be what the testator intended, because the judge is construing words rather than reconstructing beliefs.
The Islamic position
This is the concrete cost of vague religious wording. State the fractions.
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.
If your will contains that phrase and nothing more, replace it now. It is the single most avoidable expense in this whole area.
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
- Grewal v. Litt, 2019 BCSC 1154 — CanLII
- Wills, Estates and Succession Act, SBC 2009, c 13 — BC Laws
- Canadian Legal Information Institute — CanLII
- Canadian Legal Information Institute — CanLII
- Rdsp holder capacity guardianship adult beneficiary ontario — Treadstone Law
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