Name a guardian and set up a testamentary trust. A minor cannot receive estate funds directly, and without a trust they may be paid into court.
The Canadian position
Name a guardian and set up a testamentary trust. A minor cannot receive estate funds directly, and without a trust they may be paid into court.
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.
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
- Recalculate the shares for the new circumstances.
- Update the will with a lawyer in your province.
- Review every beneficiary designation.
- Confirm where the original is kept.
This is legal information only. For advice on your own circumstances, speak to a lawyer.
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
- Substitute Decisions Act, 1992 — Government of Ontario
- Pgt guardian of last resort ontario — Treadstone Law
- Minor children personal care poa ontario — Treadstone Law
- Leaving money minor children ontario will — Treadstone Law
- Contested guardianship application ontario — Treadstone Law
- Minor variance application fee vs rezoning cost ontario — Treadstone Law
- Conditions attached to minor variance approval ontario — Treadstone Law
- Wills & estates practice — Treadstone Law