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.
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:
- Spousal trust ontario will surviving spouse
- Spousal trust surviving spouse remarries ontario
- Spousal election equalization vs will ontario
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.
- Family Law Act, RSO 1990, c F.3 — Government of Ontario
- Spousal trust ontario will surviving spouse — Treadstone Law
- Spousal trust surviving spouse remarries ontario — Treadstone Law
- Spousal election equalization vs will ontario — Treadstone Law
- Spousal trust second spouse death 21 year clock — Treadstone Law
- Wills & estates practice — Treadstone Law