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.
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:
- Pension survivor benefit vs beneficiary designation ontario
- Executor gift lapses beneficiary predeceases
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
- Pension survivor benefit vs beneficiary designation ontario — Treadstone Law
- Executor gift lapses beneficiary predeceases — Treadstone Law
- Wills & estates practice — Treadstone Law