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Father's Share

One sixth where there are children; residuary where there are none.

Draft — pending review. This page has been prepared but has not yet been reviewed by a Canadian estates lawyer or a qualified scholar. Treat it as a starting point for questions, not as advice you should act on.

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.

Across the madhahib

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:

Important

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.

Islamic primary sources
  1. Surah an-Nisa 4:11 — shares of children and parents — Quran.com
  2. Surah an-Nisa 4:12 — shares of spouses and uterine siblings — Quran.com
  3. Surah an-Nisa 4:176 — the kalalah verse — Quran.com
  4. Sahih al-Bukhari, Book 85: Laws of Inheritance (Faraid) — Sunnah.com
Scholarly & institutional references
  1. Encyclopaedia of Islam — Brill
Canadian legislation & government
  1. Succession Law Reform Act, RSO 1990, c S.26 — Government of Ontario
  2. Locating wills and documents — Law Society of Ontario
Canadian legal commentary
  1. Trust for minor children ontario will — Treadstone Law
  2. Updating will after moving province ontario — Treadstone Law
  3. Multiple wills ontario private company shares probate avoidance — Treadstone Law
  4. How many witnesses does a will need ontario — Treadstone Law
  5. Grounds to challenge contest will ontario — Treadstone Law
  6. Wills & estates practice — Treadstone Law