Recalculating shares where an heir survives the deceased but dies before the estate is distributed. Their share vests, then passes through their own estate.
The Canadian position
Common in Canada precisely because probate is slow — an elderly heir may well die during a year-long administration.
The executor then has two estates to reconcile, and often two sets of beneficiaries.
The Islamic position
Entitlement vests at the moment of death, so the deceased heir's share is theirs and passes onward by their own faraid calculation.
The nesting can go several layers deep in a slow administration.
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
- 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
- Apply for probate of an estate — Government of Ontario
- Estate Administration Tax — Government of Ontario
- Estates Act, RSO 1990, c E.21 — Government of Ontario
- Co executor refuses to sign probate application ontario — Treadstone Law
- Notifying beneficiaries before probate application ontario — Treadstone Law
- Selling a house before probate granted ontario — Treadstone Law
- Eat payment before probate certificate issued — Treadstone Law
- Estate trustee refuses to account consequences ontario — Treadstone Law
- Resp accounts included probate estate value ontario — Treadstone Law
- Wills & estates practice — Treadstone Law