Sometimes, but the conflict is obvious and compensation for both roles is scrutinised. Many firms decline.
The Canadian position
Sometimes, but the conflict is obvious and compensation for both roles is scrutinised. Many firms decline.
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.
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.
General information, not legal or religious advice. Inheritance depends entirely on the exact family circumstances. Confirm the Canadian position with a lawyer in your province and any religious ruling with a qualified scholar.
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
- Administering estates — Government of Ontario
- Canadian Legal Information Institute — CanLII
- Sole executor dies before estate distributed — Treadstone Law
- Executor duty file tax returns ontario — Treadstone Law
- Executor power to borrow on behalf of estate ontario — Treadstone Law
- Alternate executor clause avoids bond ontario — Treadstone Law
- Attorney for personal care compensation ontario — Treadstone Law
- Poa property trustee duty ontario — Treadstone Law
- Wills & estates practice — Treadstone Law