Someone who will actually raise the children as you intend, is willing, and is realistically able. Ask them first, and name an alternate.
The Canadian position
Someone who will actually raise the children as you intend, is willing, and is realistically able. Ask them first, and name an alternate.
Provincial law governs administration, so confirm the position where the estate will actually be administered.
The Islamic position
The fixed shares apply to the net estate after funeral expenses, debts and any bequest capped at one third.
Where a Canadian mechanism has no classical counterpart, treat it as a contemporary question for a qualified scholar.
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.
- 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
- Guardianship minor children ontario — Treadstone Law
- Minority inherited shares no relationship with other owners ontario — Treadstone Law
- Minority shareholder rights if not consulted on sale ontario — Treadstone Law
- Unaccompanied minors seeking protection in canada — Treadstone Law
- Guardian recovering stolen funds elder abuse ontario — Treadstone Law
- Rdsp holder capacity guardianship adult beneficiary ontario — Treadstone Law
- Wills & estates practice — Treadstone Law