A British Columbia claim allowing a spouse or child to have a will rewritten by the court.
In Islamic law
This is the sharpest live conflict between faraid and Canadian law. Faraid gives a daughter half a son's share; in BC that distribution is exposed to a variation claim. Anyone in BC intending Islamic shares should take advice on how to structure and document the plan.
In Canadian law
Section 60 of BC's Wills, Estates and Succession Act lets a spouse or child apply where a will fails to make adequate provision. BC is unusual in extending this to independent adult children. In Grewal v. Litt, 2019 BCSC 1154, wills leaving four daughters 6.6% of a $9 million estate and two sons 93.4% were varied to give the daughters 60%; the court declined to treat cultural or religious preference as sufficient justification.
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:
- Adult child dependant support claim ontario
- Estranged adult child dependant support claim ontario
- How does intestacy treat common law children
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.
- Adult child dependant support claim ontario — Treadstone Law
- Estranged adult child dependant support claim ontario — Treadstone Law
- How does intestacy treat common law children — Treadstone Law
- Extending deadline dependant support claim ontario — Treadstone Law
- Wills & estates practice — Treadstone Law