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What should I do about my will if I have a child with a disability?

Consider a fully discretionary trust so their share does not disqualify them from provincial support, and confirm the structure with a scholar.

Draft — pending review. This page has been prepared but has not yet been reviewed by a Canadian estates lawyer or a qualified scholar. Treat it as a starting point for questions, not as advice you should act on.

Consider a fully discretionary trust so their share does not disqualify them from provincial support, and confirm the structure with a scholar.

The Canadian position

Consider a fully discretionary trust so their share does not disqualify them from provincial support, and confirm the structure with a scholar.

Provincial law governs validity, administration and the grounds on which a will can be challenged — so the answer can change if you move.

The Islamic position

Have the faraid shares recalculated whenever the family configuration changes; they are conditional on who survives.

Record the reasoning and the scholar consulted in a memorandum kept with the will.

Across the madhahib

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

  1. Recalculate the shares for the new circumstances.
  2. Update the will with a lawyer in your province.
  3. Review every beneficiary designation.
  4. Confirm where the original is kept.
Before you act on this

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.

Scholarly & institutional references
  1. Research Papers — Cambridge Muslim College
  2. Research — Cambridge Muslim College
  3. Academics — Islamic law and theology curriculum — Zaytuna College
  4. Encyclopaedia of Islam — Brill
Canadian legislation & government
  1. T3 Trust Guide — Canada Revenue Agency
  2. Ontario Disability Support Program — Government of Ontario
Canadian legal commentary
  1. Estate trustee neutral in will challenge ontario — Treadstone Law
  2. Estate trustee compensation calculated from sale proceeds ontario — Treadstone Law
  3. Alter ego joint partner trust ontario estate planning — Treadstone Law
  4. Estate trustee selling property out of province beneficiaries ontario — Treadstone Law
  5. Applying estate trustee without will ontario — Treadstone Law
  6. What is estate trustee without a will ontario — Treadstone Law
  7. Wills & estates practice — Treadstone Law