A residuary heir where no son, grandson or father survives.
In Islamic law
Full brothers take the residue after the fixed shares, sharing with full sisters at a 2:1 ratio.
In Canadian law
Siblings inherit on provincial intestacy only where no spouse, children or parents survive.
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:
- Probating a copy of a lost will ontario
- Lost will presumption of revocation ontario
- Challenging a will lack of testamentary capacity 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 one of the references below. Legislation and dollar thresholds change — verify against the primary source before relying on any figure.
- 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
- Research Papers — Cambridge Muslim College
- Research — Cambridge Muslim College
- Succession Law Reform Act, RSO 1990, c S.26 — Government of Ontario
- Locating wills and documents — Law Society of Ontario
- Pgt involvement will validity dispute ontario — Treadstone Law
- Leaving money for pet care ontario will — Treadstone Law
- Probate out of province will ontario — Treadstone Law
- What should a will include ontario — Treadstone Law
- Ontario will valid execution requirements — Treadstone Law
- Wills & estates practice — Treadstone Law