Answers

Islamic wills & wasiyyah

• Are handwritten wills valid in Alberta?
• Are handwritten wills valid in British Columbia?
• Are handwritten wills valid in Manitoba?
• Are handwritten wills valid in New Brunswick?
• Are handwritten wills valid in Nova Scotia?
• Are handwritten wills valid in Ontario?
• Are handwritten wills valid in Quebec?
• Are handwritten wills valid in Saskatchewan?
• Can I change my will after I make it?
• Can I direct part of my estate to a masjid?
• Can I disinherit a child in an Islamic will?
• Can I give away my property before I die to avoid the shares?
• Can I have separate wills for Canada and abroad?
• Can I include funeral and burial instructions in my will?
• Can I leave a debt forgiven in my will?
• Can I leave money for hajj to be performed on my behalf?
• Can I leave more than one third of my estate to charity?
• Can I leave my estate to be divided by an imam after I die?
• Can I make a will if I am not a Canadian citizen?
• Can I require my executor to pay my zakat arrears?
• Can I revoke my will by tearing it up?
• Can I use one will for my whole family?
• Can I write my own Islamic will without a lawyer?
• Can I write my will in Arabic or Urdu?
• Can my will be kept secret from my family?
• Do I have to tell my family what is in my will?
• Do I need a separate will for property I own overseas?
• Do I need an Islamic will if I already have a Canadian will?
• Do I need my spouse's consent to make a will?
• Do I need to list every asset in my will?
• Do witnesses need to read my will?
• Does a foreign will work in Canada?
• Does my will need to be notarised?
• How do I make an Islamic will in Brampton?
• How do I make an Islamic will in Burnaby?
• How do I make an Islamic will in Calgary?
• How do I make an Islamic will in Edmonton?
• How do I make an Islamic will in Halifax?
• How do I make an Islamic will in Hamilton?
• How do I make an Islamic will in Laval?
• How do I make an Islamic will in London?
• How do I make an Islamic will in Markham?
• How do I make an Islamic will in Mississauga?
• How do I make an Islamic will in Montreal?
• How do I make an Islamic will in Ottawa?
• How do I make an Islamic will in Saskatoon?
• How do I make an Islamic will in Scarborough?
• How do I make an Islamic will in Surrey?
• How do I make an Islamic will in Toronto?
• How do I make an Islamic will in Vancouver?
• How do I make an Islamic will in Waterloo?
• How do I make an Islamic will in Windsor?
• How do I make an Islamic will in Winnipeg?
• How much does it cost to make a will in Canada?
• How often should I update my will?
• Is a will template from the internet good enough for an Islamic will?
• Should my will include a survivorship clause?
• Should the will name which madhhab I follow?
• What does 'per stirpes' mean in my will?
• What if I move to another province?
• What if a named charity no longer exists?
• What is a letter of wishes?
• What is a residue clause and why does it matter?
• What is an affidavit of execution?
• What is ijazah and how does it work in Canada?
• What is marad al-mawt and how does it work in Canada?
• What is wasiyyah and how does it work in Canada?
• What records should I leave for my executor?
• What should I do about my will if I am estranged from a child?
• What should I do about my will if I am getting divorced?
• What should I do about my will if I am moving to another province?
• What should I do about my will if I am newly married?
• What should I do about my will if I am starting a business?
• What should I do about my will if I am supporting my elderly parents?
• What should I do about my will if I am the only Muslim in my family?
• What should I do about my will if I converted to Islam?
• What should I do about my will if I have a child with a disability?
• What should I do about my will if I have been diagnosed with a serious illness?
• What should I do about my will if I have been named executor?
• What should I do about my will if I have no children?
• What should I do about my will if I have significant debts?
• What should I do about my will if I just bought a house?
• What should I do about my will if I just had a baby?
• What should I do about my will if I own property overseas?
• What should I do about my will if I remarried and have children from both marriages?
• What should I do about my will if I want to leave everything to charity?
• What should I do about my will if my parent has just died?
• What should I do about my will if my spouse is not Muslim?

Faraid: the fixed shares

• Are gifts I gave during my life counted against a child's share?
• Can I disclaim part of an inheritance?
• Can a killer inherit from their victim?
• Can grandchildren inherit if their parent died first?
• Can heirs agree to divide differently from faraid?
• Do adopted children inherit under Islamic law?
• Do half-siblings inherit differently from full siblings?
• Do parents inherit if their child dies?
• Do stepchildren inherit under Islamic law?
• Does an unborn child inherit?
• How do I calculate the faraid shares for my family?
• How is a step-parent treated in Islamic inheritance?
• How much does a wife inherit under Islamic law?
• Is unpaid mahr a debt of the estate?
• Should I treat my children equally in lifetime gifts?
• What are residuary heirs in Islamic inheritance?
• What happens if an heir is missing?
• What happens if the fixed shares add up to more than the estate?
• What happens if the shares do not use up the whole estate?
• What if an heir refuses their share?
• What if one of my heirs is not Muslim?
• What is 'awl and how does it work in Canada?
• What is an obligatory bequest?
• What is asabah and how does it work in Canada?
• What is dhawu al-arham and how does it work in Canada?
• What is exclusion in Islamic inheritance?
• What is faraid and how does it work in Canada?
• What is hajb and how does it work in Canada?
• What is kalalah and how does it work in Canada?
• What is munasakha?
• What is radd and how does it work in Canada?
• What is takharuj?
• Who are the fixed-share heirs in Islamic inheritance?
• Who inherits if I die leaving a daughter and a son's daughter?
• Who inherits if I die leaving a grandfather and two brothers?
• Who inherits if I die leaving a husband and both parents?
• Who inherits if I die leaving a husband and no children or parents?
• Who inherits if I die leaving a husband and two daughters?
• Who inherits if I die leaving a husband, a mother and a full sister?
• Who inherits if I die leaving a mother and two brothers?
• Who inherits if I die leaving a son, a daughter and both parents?
• Who inherits if I die leaving a wife and both parents?
• Who inherits if I die leaving a wife and no other relatives at all?
• Who inherits if I die leaving a wife and one daughter?
• Who inherits if I die leaving a wife and two sons?
• Who inherits if I die leaving a wife, a mother and a full brother?
• Who inherits if I die leaving a wife, a son and a daughter?
• Who inherits if I die leaving a wife, a son and the deceased's mother?
• Who inherits if I die leaving a wife, two daughters and a full brother?
• Who inherits if I die leaving both parents and no children?
• Who inherits if I die leaving only one daughter and no other heirs?
• Who inherits if I die leaving two daughters and a paternal uncle?
• Who inherits if I die leaving uterine siblings only?
• Why does a daughter inherit half of what a son inherits?

The four madhahib

• Does it matter which madhhab I follow when drafting a will?
• Is there a Shi'i difference in inheritance?
• What are the Umariyyatan cases?
• What if my family follows different schools?
• What is the Akdariyya case?
• What is the Mushtaraka case?
• What is the bayt al-mal and does it apply in Canada?
• What is the difference between the Hanafi and other schools on the grandfather?

Probate & estate administration

• Are estate records public?
• Can an estate be reopened?
• Can an estate borrow money?
• Can an executor sell the family home?
• Can creditors take an inheritance from a beneficiary?
• Can the funeral be paid for before probate is granted?
• Do I need a lawyer to apply for probate?
• Do I need probate if there is a will?
• Do I need to cancel a SIN and health card?
• Do I need to value personal effects?
• Do bank accounts get frozen when someone dies?
• Do beneficiaries inherit debts?
• Do we need probate if everything was jointly owned?
• How do I transfer a car after someone dies?
• How long does probate take in Canada?
• How much does probate cost in Alberta?
• How much does probate cost in British Columbia?
• How much does probate cost in Manitoba?
• How much does probate cost in New Brunswick?
• How much does probate cost in Nova Scotia?
• How much does probate cost in Ontario?
• How much does probate cost in Quebec?
• How much does probate cost in Saskatchewan?
• What happens to a rented apartment after a death?
• What happens to jointly held debt?
• What happens to my debts when I die?
• What happens to my student loans when I die?
• What if the estate has no money to pay debts?
• What is a clearance certificate and why does it delay everything?
• What is a notice to creditors?
• What is a small estate certificate?
• What is an estate inventory?
• What is ancillary probate?
• What is dayn and how does it work in Canada?
• What is domicile and why does it matter?
• What is munasakha and how does it work in Canada?
• What is probate tax and can I avoid it?
• What is resealing a grant?
• What is tarikah and how does it work in Canada?
• What is the order of payment from an estate?
• Who values the estate assets?

Executors & estate trustees

• Can I appoint more than one executor?
• Can I name a charity as my executor?
• Can I remove an executor who is not doing their job?
• Can I see the estate accounts?
• Can a bank be my executor?
• Can a non-Muslim be my executor?
• Can a woman be an executor under Islamic law?
• Can an executor also be the lawyer for the estate?
• Can an executor be held personally liable?
• Can an executor be sued personally?
• Can an executor live in the deceased's house?
• Can an executor refuse to pay a bequest?
• Can beneficiaries see the will?
• Can heirs be paid before probate?
• Can my executor also be a beneficiary?
• Can the executor charge a fee?
• How do I object to executor compensation?
• How does an executor apply for probate?
• How does an executor deal with CRA?
• How does an executor deal with a beneficiary who will not respond?
• How does an executor distribute the estate?
• How does an executor file the final tax return?
• How does an executor get a clearance certificate?
• How does an executor handle a foreign asset?
• How does an executor keep the beneficiaries informed?
• How does an executor notify the banks?
• How does an executor open an estate account?
• How does an executor pay estate debts?
• How does an executor publish a notice to creditors?
• How does an executor sell estate property?
• How does an executor value the estate?
• How does an executor wind up the estate?
• How long does an executor have to distribute the estate?
• How long must estate records be kept?
• What does an estate trustee actually do day to day?
• What happens if a beneficiary cannot be found?
• What happens if the executor will not distribute the estate?
• What if my executor dies before me?
• What if my executor lives outside Canada?
• What if the executor is also the main beneficiary?
• What is a holdback?
• What is a passing of accounts?
• What is a release from a beneficiary?
• What is amanah and how does it work in Canada?
• What is an interim distribution?
• What is the difference between an executor and a trustee?
• What is the executor's year?
• What is wasi and how does it work in Canada?
• What records should my executor keep?

Dying without a will

• Can a bond be waived?
• Can the heirs agree to divide an intestate estate according to faraid instead?
• Does a common-law partner inherit in Canada?
• What happens if a Muslim dies without a will in Alberta?
• What happens if a Muslim dies without a will in British Columbia?
• What happens if a Muslim dies without a will in Canada?
• What happens if a Muslim dies without a will in Manitoba?
• What happens if a Muslim dies without a will in New Brunswick?
• What happens if a Muslim dies without a will in Nova Scotia?
• What happens if a Muslim dies without a will in Ontario?
• What happens if a Muslim dies without a will in Quebec?
• What happens if a Muslim dies without a will in Saskatchewan?
• What happens if someone dies without a will in Brampton?
• What happens if someone dies without a will in Burnaby?
• What happens if someone dies without a will in Calgary?
• What happens if someone dies without a will in Edmonton?
• What happens if someone dies without a will in Halifax?
• What happens if someone dies without a will in Hamilton?
• What happens if someone dies without a will in Laval?
• What happens if someone dies without a will in London?
• What happens if someone dies without a will in Markham?
• What happens if someone dies without a will in Mississauga?
• What happens if someone dies without a will in Montreal?
• What happens if someone dies without a will in Ottawa?
• What happens if someone dies without a will in Saskatoon?
• What happens if someone dies without a will in Scarborough?
• What happens if someone dies without a will in Surrey?
• What happens if someone dies without a will in Toronto?
• What happens if someone dies without a will in Vancouver?
• What happens if someone dies without a will in Waterloo?
• What happens if someone dies without a will in Windsor?
• What happens if someone dies without a will in Winnipeg?
• What is an administration bond?
• What is an estate trustee without a will?
• What is bayt al-mal and how does it work in Canada?
• Who can apply to administer an intestate estate?
• Who inherits if someone dies with no family at all?

Registered accounts, insurance & property

• Can I change a beneficiary designation at any time?
• Can I leave my house to just one child?
• Can I leave the matrimonial home away from my spouse?
• Can I name a trust as beneficiary?
• Can I name multiple beneficiaries in fractions?
• Can I sell my house to one child cheaply?
• Can I sever a joint tenancy without the other owner?
• Can insurance proceeds be directed to the faraid shares?
• Do designations override a later will?
• Does a trust avoid the faraid shares?
• Does my RRSP follow my will?
• Does my TFSA go to my spouse tax-free?
• Does my pension go to my spouse automatically?
• Does severing help a faraid distribution?
• How do I document that a joint account is not a gift?
• Is a joint account with my child a good idea?
• Is it permissible to use a trust in an Islamic estate plan?
• Is life insurance permissible in Islam?
• Our house is in joint names. Is it part of the estate?
• Should I add my child to the title of my house?
• Should I name my children as RRSP beneficiaries?
• Should I name my estate as the beneficiary of my life insurance?
• Should I review designations after a divorce?
• What happens to a home in one spouse's name only?
• What happens to a joint bank account when one holder dies?
• What happens to a mortgage when the owner dies?
• What happens to my RDSP when I die?
• What happens to my RESP when I die?
• What happens to my RRIF when I die?
• What happens to my RRSP when I die?
• What happens to my TFSA when I die?
• What happens to my a business you own outright when I die?
• What happens to my a car when I die?
• What happens to my a safety deposit box when I die?
• What happens to my an inheritance you have not yet received when I die?
• What happens to my business when I die?
• What happens to my cryptocurrency when I die?
• What happens to my employer pension when I die?
• What happens to my family home when I die?
• What happens to my foreign real estate when I die?
• What happens to my gold and jewellery when I die?
• What happens to my household contents when I die?
• What happens to my joint bank account when I die?
• What happens to my life insurance policy when I die?
• What happens to my private company shares when I die?
• What happens to my rental property when I die?
• What happens to my segregated fund when I die?
• What if I name my minor child as insurance beneficiary?
• What if my beneficiary predeceases me?
• What is a Henson trust and can a Muslim family use one?
• What is a bare trust?
• What is a qualified disability trust?
• What is a resulting trust and why does it matter?
• What is a testamentary trust used for?
• What is an alter ego trust?
• What is an estate freeze and is it permissible?
• What is an insurance declaration?
• What is an irrevocable beneficiary?
• What is hibah and how does it work in Canada?
• What is severing a joint tenancy?
• What is takaful?
• What is the matrimonial home rule?
• What is waqf and how does it work in Canada?

Finding & registering a will

• Can I store my will with the court?
• Do I need to keep the original will or is a copy enough?
• Does BC's government registry replace a private one?
• Does registering a will make it legally valid?
• How do I access a safety deposit box after a death?
• How do I find a will in Brampton?
• How do I find a will in Burnaby?
• How do I find a will in Calgary?
• How do I find a will in Edmonton?
• How do I find a will in Halifax?
• How do I find a will in Hamilton?
• How do I find a will in Laval?
• How do I find a will in London?
• How do I find a will in Markham?
• How do I find a will in Mississauga?
• How do I find a will in Montreal?
• How do I find a will in Ottawa?
• How do I find a will in Saskatoon?
• How do I find a will in Scarborough?
• How do I find a will in Surrey?
• How do I find a will in Toronto?
• How do I find a will in Vancouver?
• How do I find a will in Waterloo?
• How do I find a will in Windsor?
• How do I find a will in Winnipeg?
• How do I find out if my father had a will?
• How do I get a copy of a probated will?
• How do Quebec's will registers work?
• Is there a will registry in Alberta?
• Is there a will registry in British Columbia?
• Is there a will registry in Manitoba?
• Is there a will registry in New Brunswick?
• Is there a will registry in Nova Scotia?
• Is there a will registry in Ontario?
• Is there a will registry in Quebec?
• Is there a will registry in Saskatchewan?
• Should I keep my will at home or with my lawyer?
• Should I tell my executor where the will is?
• What does 'presumed revoked' mean?
• What if we cannot find the original will?
• What is a Search Certificate and why would I need one?
• What is a will search certificate used for?
• What is an affidavit of diligent search?
• Who is allowed to search a will registry?
• Why does Ontario have no will registry?

Family, marriage & guardianship

• At what age should children receive their inheritance?
• Can I appoint a trust company as trustee for my children?
• Can I include mahr in my estate planning?
• Can I name a guardian for my children in my will?
• Can I name different people as guardian and trustee?
• Can a minor child inherit directly?
• Can my attorney under a POA change my will?
• Can the trustee spend money on my children before then?
• Do I need a power of attorney as well as a will?
• Does MAID affect an Islamic estate?
• Does a nikah contract work as a marriage contract in Canada?
• Does marriage revoke my will in Canada?
• Does my will affect my children's citizenship?
• Is a marriage contract useful for estate planning?
• We had a nikah but never registered the marriage. Does my wife inherit?
• What happens if I become incapable before making a will?
• What happens to child support obligations on death?
• What happens to my will if I divorce?
• What if my chosen guardian lives abroad?
• What if my wife forgives the mahr?
• What is an encroachment power?
• What is hadanah and how does it work in Canada?
• What is mahr and how does it work in Canada?
• What is nafaqah and how does it work in Canada?
• What is nikah and how does it work in Canada?
• What is the Islamic view on withdrawing life support?
• What is the Public Guardian and Trustee?
• What is the difference between a will and a power of attorney?
• What is wilayah and how does it work in Canada?
• What should be in an advance care directive?
• Who should I choose as guardian?
• Who will look after my children if my spouse and I both die?

Death, janazah & the first days

• Can I be buried in a Muslim cemetery in Canada?
• Can I donate my body to medical science?
• Can I leave instructions about my burial plot?
• Can I name someone to handle my online accounts?
• Can a woman attend the burial?
• Can we bury without embalming?
• Can we do ghusl and janazah at the funeral home?
• Does travel insurance cover repatriation?
• How many death certificates do I need?
• How quickly must a Muslim be buried in Canada?
• Is a casket required?
• Is cremation permitted?
• Is organ donation permitted?
• Should I prepay my funeral?
• What do I do in the first 24 hours after a death?
• What happens to a death that occurs at home?
• What happens to my digital accounts when I die?
• What if death occurs while travelling abroad?
• What is a burial permit?
• What is the Islamic view on autopsy?
• Who arranges the ghusl?
• Who has the right to decide about the body?
• Who notifies the government of a death?
• Who pays for the funeral?
• Why is the coroner delaying the burial?

Disputes, claims & challenges

• Can I contest a will after distribution?
• Can a spouse elect against my will?
• Can a will be challenged for lack of capacity?
• Can a will be challenged in Alberta?
• Can a will be challenged in British Columbia?
• Can a will be challenged in Manitoba?
• Can a will be challenged in New Brunswick?
• Can a will be challenged in Nova Scotia?
• Can a will be challenged in Ontario?
• Can a will be challenged in Quebec?
• Can a will be challenged in Saskatchewan?
• Can a will be partly valid?
• Can a will gift fail for uncertainty?
• Can an estate continue a lawsuit?
• Can my ex-spouse claim against my estate?
• Can my will be challenged because it follows Islamic shares?
• Can my will be challenged in British Columbia because it follows faraid?
• Can my will require my children to marry Muslims?
• Does Ontario allow adult children to challenge a will?
• How do I protect a faraid distribution from a spousal election?
• How long do I have to challenge a will?
• How much does estate litigation cost?
• Is mediation better than going to court over an estate?
• Should I explain in my will why the shares are unequal?
• What happens if my spouse and I die at the same time?
• What if the heirs cannot agree on selling a property?
• What if there are two wills?
• What if two people claim to be the executor?
• What is a caveat or notice of objection?
• What is a dependant support claim?
• What is an interpretation application?
• What is cy-près?
• What is net family property?
• What is takharuj and how does it work in Canada?
• What is undue influence in a will challenge?

Tax on death

• Are funeral costs tax deductible?
• Are testamentary trusts taxed favourably?
• Can I roll a cottage to my children tax-free?
• Can capital losses after death offset gains?
• Can charitable giving reduce the estate's tax?
• Can the estate claim medical expenses?
• Do I have to pay tax on an inheritance I receive?
• Do I pay capital gains on inherited property?
• Does OAS continue after death?
• Does US property create a tax problem?
• Does the estate pay tax on rental income?
• How is a family cottage taxed on death?
• Is an interest-bearing account part of my estate?
• Is there a spousal rollover if I follow faraid?
• Is there an inheritance tax in Canada?
• Should I hold life insurance to pay the estate's tax?
• Should I use a spousal trust?
• What is a deemed disposition on death?
• What is a graduated rate estate?
• What is a rights and things return?
• What is riba and how does it work in Canada?
• What is the CPP death benefit?
• What is the deemed disposition rate?
• What is the principal residence exemption?