One sixth where there are children; residuary where there are none.
In Islamic law
The father can take a fixed share, a residue, or both at once — one of the few heirs who can combine the two capacities.
In Canadian law
As with the mother, a father typically inherits nothing on a provincial intestacy while a spouse and children survive.
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:
- Ontario intestacy no spouse no children
- Preferential share spouse intestacy ontario
- Matrimonial home one spouse never lived there
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.
- Surah an-Nisa 4:11 — shares of children and parents — Quran.com
- Surah an-Nisa 4:12 — shares of spouses and uterine siblings — Quran.com
- Surah an-Nisa 4:176 — the kalalah verse — Quran.com
- Sahih al-Bukhari, Book 85: Laws of Inheritance (Faraid) — Sunnah.com
- Encyclopaedia of Islam — Brill
- Ontario intestacy no spouse no children — Treadstone Law
- Preferential share spouse intestacy ontario — Treadstone Law
- Matrimonial home one spouse never lived there — Treadstone Law
- Intestacy spouse one child ontario — Treadstone Law
- Wills & estates practice — Treadstone Law