Often yes — by court order, by consent of the beneficiaries, or by an express waiver in the will.
The Canadian position
Often yes — by court order, by consent of the beneficiaries, or by an express waiver in the will.
Provincial law governs administration, so confirm the position where the estate will actually be administered.
The Islamic position
The fixed shares apply to the net estate after funeral expenses, debts and any bequest capped at one third.
Where a Canadian mechanism has no classical counterpart, treat it as a contemporary question for a qualified scholar.
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.
- Apply for probate of an estate — Government of Ontario
- Estate Administration Tax — Government of Ontario
- Estates Act, RSO 1990, c E.21 — Government of Ontario
- What is a consent order ontario litigation — Treadstone Law
- Administration bond requirement ontario estate trustee — Treadstone Law
- Estate administration minor beneficiaries ontario — Treadstone Law
- Court order distribute missing beneficiary ontario — Treadstone Law
- Wills & estates practice — Treadstone Law