Usually yes. Most civil claims survive death and are continued by the estate trustee, though some personal claims do not.
The Canadian position
The executor decides whether to pursue or settle, subject to accounting to the beneficiaries.
Litigation costs come from the estate and reduce every share.
The Islamic position
Recoveries form part of the tarikah and are divided by the shares.
An executor who settles unreasonably may be answerable for it.
The four Sunni schools are not recorded as differing materially on this point in the sources reviewed. Where your own case turns on it, put it to a scholar of your school.
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.
- Research Papers — Cambridge Muslim College
- Research — Cambridge Muslim College
- Academics — Islamic law and theology curriculum — Zaytuna College
- Encyclopaedia of Islam — Brill
- Canadian Legal Information Institute — CanLII
- 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
- Legal aid civil litigation ontario — Treadstone Law
- Costs of contesting a will ontario — Treadstone Law
- Parenting coordinator mid litigation or after — Treadstone Law
- Tax sale financing challenges ontario — Treadstone Law
- Widow remarries during pending dependant claim ontario — Treadstone Law
- Limitation period adult incapacity ontario — Treadstone Law
- Wills & estates practice — Treadstone Law