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.
Not at puberty. Surah an-Nisa 4:6 makes the handing over depend on two things — reaching marriageable age and being found to have rushd, sound judgement with money — and all four schools require both. They differ on what happens if the second never arrives: Abu Hanifa capped the wait at twenty-five years, the other schools (and the Hanafi position later given fatwa) withhold the property indefinitely. They also differ on what rushd means, on who declares it, and, in the Maliki school, on whether a daughter must also be married before she takes control.
All four Sunni schools researched and sourced. Reviewed 2026-09-01. Full positions, evidence and sources — When does a child get their inheritance outright?.
Related madhhab issue: Hadanah and wilayah — who cares for a child, and who has authority over the child.
Making an Islamic will in Canada — province by province, and what makes one valid where you live →
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 a source below. Details change — check the original source before relying on any figure, fee or legal position. Anything under “further reading” is related material, not a source for what is stated here.
- Succession Law Reform Act, RSO 1990, c S.26 — Government of Ontario
- Administering estates — Government of Ontario
- Substitute Decisions Act, 1992 — Government of Ontario
- Beneficiary designation vs will which controls — Treadstone Law
- Will vs beneficiary designation which controls — Treadstone Law
- Conflicting wills which one governs ontario — Treadstone Law
- What is a testamentary trust ontario — Treadstone Law
- Wills & estates practice — Treadstone Law