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.
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:
- Time limit for dependant support claims ontario
- Dependant support blended family multiple claimants priority ontario
- Dependant support claim ontario estate
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.
- Time limit for dependant support claims ontario — Treadstone Law
- Dependant support blended family multiple claimants priority ontario — Treadstone Law
- Dependant support claim ontario estate — Treadstone Law
- Mutual wills blended family ontario — Treadstone Law
- Wills & estates practice — Treadstone Law