A claim by someone the deceased was supporting, for adequate provision from the estate.
In Islamic law
A structural point of tension: a faraid distribution is fixed by fraction, not by need. Where a dependant is left less than a court considers adequate, an order can override the intended shares.
In Canadian law
Under the Succession Law Reform Act, a dependant not adequately provided for may apply to court for support from the estate — regardless of what the will says. It is a real limit on testamentary freedom in every province.
Making an Islamic will in Canada — province by province, and what makes one valid where you live →
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:
- Dependant support claim out of province estate ontario
- Dependants relief claim ontario
- Dependant support claim ontario estate
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.
- Dependant support claim out of province estate ontario — Treadstone Law
- Dependants relief claim ontario — Treadstone Law
- Dependant support claim ontario estate — Treadstone Law
- Time limit for dependant support claims ontario — Treadstone Law
- Wills & estates practice — Treadstone Law