A surviving spouse's choice between taking under the will and claiming an equalisation payment.
In Islamic law
The single most common way a faraid distribution is displaced in Ontario without any court challenge at all.
In Canadian law
In Ontario the election must be made within six months of death. Choosing equalisation can substantially rewrite what the will achieves.
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:
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- What makes a divorce contested in ontario
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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.
- Family Law Act, RSO 1990, c F.3 — Government of Ontario
- Grewal v. Litt, 2019 BCSC 1154 — CanLII
- Wills, Estates and Succession Act, SBC 2009, c 13 — BC Laws
- Canadian Legal Information Institute — CanLII
- Contesting a will ontario — Treadstone Law
- Dependant support standard of living consideration ontario — Treadstone Law
- Out of province executor practical challenges ontario — Treadstone Law
- Does no litigation condition trigger on a frivolous suit — Treadstone Law
- Corporate deadlock litigation ontario — Treadstone Law
- Wills & estates practice — Treadstone Law