An agreement among beneficiaries to vary how an estate is divided.
In Islamic law
Closely parallel to takharuj — permissible once the shares have vested and all heirs agree freely.
In Canadian law
Widely used to avoid selling a family home or to resolve a dispute without litigation. All affected parties must be adult and competent.
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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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 Legal Information Institute — CanLII
- Grewal v. Litt, 2019 BCSC 1154 — CanLII
- Wills, Estates and Succession Act, SBC 2009, c 13 — BC Laws
- Contesting a will ontario — Treadstone Law
- Earning capacity assessment cant find work — Treadstone Law
- Dependants support claim probate avoidance assets ontario — Treadstone Law
- What is particulars in ontario litigation — Treadstone Law
- Capacity assessment cost who pays ontario — Treadstone Law
- Wills & estates practice — Treadstone Law