The order in which gifts are reduced when an estate cannot pay everything.
In Islamic law
Faraid handles a shortfall differently, through 'awl, which reduces all fixed shares proportionally.
In Canadian law
Residue is exhausted first, then general legacies, then specific gifts.
We have not yet researched whether the four Sunni schools differ on this term, so we are not going to tell you either way. Where a specific case turns on it, ask a qualified scholar rather than relying on a general summary.
Canadian legal detail
Treadstone Law, an Ontario firm with a wills and estates practice, covers the Canadian side of this in more depth:
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
- Specific gifts bequests ontario will — Treadstone Law
- Rrsp vs tfsa which to use first ontario — Treadstone Law
- Wills & estates practice — Treadstone Law