The first slice of an intestate estate reserved for a surviving married spouse.
In Islamic law
Has no counterpart in faraid, where a wife takes one eighth with children or one quarter without, and a husband one quarter with children or one half without — proportions, not fixed dollar amounts.
In Canadian law
Ontario sets it at $350,000 for deaths on or after 1 March 2021 ($200,000 before that date). The spouse takes this amount first; only the residue above it is divided with children. Other provinces set different amounts, so the figure is province-specific.
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:
- Preferential share spouse intestacy ontario
- What is preferential share ontario intestacy
- Different executors named for different provinces 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 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.
- Preferential share spouse intestacy ontario — Treadstone Law
- What is preferential share ontario intestacy — Treadstone Law
- Different executors named for different provinces ontario — Treadstone Law
- Ontario intestacy no spouse no children — Treadstone Law
- Wills & estates practice — Treadstone Law