A trust for a surviving spouse that qualifies for the tax rollover.
In Islamic law
The exclusivity requirement conflicts directly with vesting children's faraid shares immediately — a genuine tension to plan around.
In Canadian law
Must give the spouse all income and exclude anyone else from capital during their lifetime.
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:
- Succeeding estate trustee certificate ontario
- Estate administration tax assets already in trust ontario
- Constructive trust remedy director breach
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.
- T3 Trust Guide — Canada Revenue Agency
- Common intention resulting trust ontario explained — Treadstone Law
- Trust for minor children ontario will — Treadstone Law
- Foreign trust canadian beneficiary ontario — Treadstone Law
- Clearance certificate estate trustee liability canada — Treadstone Law
- Principal residence exemption trust — Treadstone Law
- Wills & estates practice — Treadstone Law