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.
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:
- What is a settlement offer in ontario litigation
- Does probate avoidance avoid estate litigation ontario
- Selling matrimonial home without spouse consent 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.
- Canadian Legal Information Institute — CanLII
- What is a settlement offer in ontario litigation — Treadstone Law
- Does probate avoidance avoid estate litigation ontario — Treadstone Law
- Selling matrimonial home without spouse consent ontario — Treadstone Law
- Consent settlement dependant support without trial ontario — Treadstone Law
- Wills & estates practice — Treadstone Law