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A beneficiary's formal refusal of an inheritance.

Draft — pending review. This page has been prepared but has not yet been reviewed by a Canadian estates lawyer or a qualified scholar. Treat it as a starting point for questions, not as advice you should act on.

A beneficiary's formal refusal of an inheritance.

In Islamic law

Scholars discuss whether an heir may refuse a fixed share, since entitlement vests automatically at death; a settlement among heirs (takharuj) is often the cleaner route.

In Canadian law

The disclaimed gift usually falls into residue or passes as though the beneficiary predeceased. It must generally be made before accepting any benefit.

Across the madhahib

No significant difference between the four Sunni schools is recorded on this point in the sources reviewed. 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:

Important

This entry is general information, not legal or religious advice. Inheritance turns on the exact family circumstances. Confirm Canadian law 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.

Canadian legislation & government
  1. Succession Law Reform Act, RSO 1990, c S.26 — Government of Ontario
  2. Locating wills and documents — Law Society of Ontario
Canadian legal commentary
  1. Lost will probate ontario — Treadstone Law
  2. Does marriage revoke a will ontario — Treadstone Law
  3. Applying estate trustee without will ontario — Treadstone Law
  4. How to revoke change will codicil ontario — Treadstone Law
  5. Forensic handwriting expert will dispute ontario — Treadstone Law
  6. Wills & estates practice — Treadstone Law