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Preferential Share

The first slice of an intestate estate reserved for a surviving married spouse.

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.

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.

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.