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.
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