One eighth where the deceased left children; one quarter where he did not.
In Islamic law
Where there is more than one wife, they share the same one eighth or one quarter between them.
In Canadian law
Very different from provincial intestacy, where a preferential share can give a spouse most of a modest estate before any division.
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:
- Where to store will safely ontario
- Probate out of province will ontario
- Ontario multiple wills primary secondary probate savings
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 one of the references below. Legislation and dollar thresholds change — verify against the primary source before relying on any figure.
- Surah an-Nisa 4:11 — shares of children and parents — Quran.com
- Surah an-Nisa 4:12 — shares of spouses and uterine siblings — Quran.com
- Surah an-Nisa 4:176 — the kalalah verse — Quran.com
- Sahih al-Bukhari, Book 85: Laws of Inheritance (Faraid) — Sunnah.com
- Encyclopaedia of Islam — Brill
- Research Papers — Cambridge Muslim College
- Research — Cambridge Muslim College
- Succession Law Reform Act, RSO 1990, c S.26 — Government of Ontario
- Locating wills and documents — Law Society of Ontario
- Foreign marriage validity spousal sponsorship canada — Treadstone Law
- Challenging validity of a power of attorney ontario — Treadstone Law
- Shareholders agreement vs will conflicts ontario — Treadstone Law
- Probating a copy of a lost will ontario — Treadstone Law
- Guardian minor children will ontario — Treadstone Law
- Wills & estates practice — Treadstone Law