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Testamentary Freedom

The principle that a person may leave their property to whomever they choose.

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 principle that a person may leave their property to whomever they choose.

In Islamic law

The inverse of the Islamic position, where the fixed shares are compulsory and only one third is discretionary. Canadian law permits faraid; it does not require it — which means it must be written down.

In Canadian law

Broad in Canada, and the reason a faraid-compliant will is enforceable here at all. It is limited by dependant-support legislation, BC's wills-variation regime, family-property claims, and public-policy limits on discriminatory conditions.

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.