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Testamentary Trust

A trust created by a will, taking effect on death.

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.

A trust created by a will, taking effect on death.

In Islamic law

Useful where faraid shares pass to minor children, since a minor cannot manage property directly. The share remains the child's; the trust governs who administers it until majority.

In Canadian law

Commonly used where beneficiaries are minors or where staged distribution is wanted. Since 2016, most testamentary trusts are taxed at the top marginal rate rather than at graduated rates.

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.