One sixth where there are children or multiple siblings; otherwise one third.
In Islamic law
Where the heirs are a spouse and both parents, the Umariyyatan rule gives the mother one third of what remains after the spouse's share rather than one third of the whole.
In Canadian law
Provincial intestacy generally gives a parent nothing while a spouse or children survive — the sharpest single divergence from faraid.
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:
- Updating estate trustee in will ontario
- Reconciling with estranged child update will ontario
- Filing a notice of objection to a will 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
- New will surfaces during litigation ontario — Treadstone Law
- Does a will need to be probated in ontario — Treadstone Law
- Discontinuing a will challenge ontario — Treadstone Law
- Regulator revoke licence between signing and closing ontario — Treadstone Law
- Estate trustee costs defending will challenge ontario — Treadstone Law
- Wills & estates practice — Treadstone Law