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Recalculating shares where an heir dies before the estate is distributed.

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.

Recalculating shares where an heir dies before the estate is distributed.

In Islamic law

Where an heir survives the deceased but dies before distribution, their share vests and then passes through their own estate — requiring a second, nested calculation.

In Canadian law

Common in Canada because probate is slow. An heir may well die during a year-long administration, and the executor then has two estates to reconcile.

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
  5. Sahih Muslim, Book of Inheritance — 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. Naming step parent guardian in will ontario — Treadstone Law
  2. Forged or fraudulent will ontario what to do — Treadstone Law
  3. Charitable donation through will tax credit — Treadstone Law
  4. Testamentary trust ontario will estate planning — Treadstone Law
  5. Spousal trust ontario will surviving spouse — Treadstone Law
  6. Wills & estates practice — Treadstone Law