Not without the beneficiaries' agreement. Occupying estate property without accounting for its value is a conflict.
The Canadian position
Not without the beneficiaries' agreement. Occupying estate property without accounting for its value is a conflict.
Provincial law governs the detail, so confirm the position where the estate will 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 instrument 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.
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
- Administering estates — Government of Ontario
- Cloud photos files after death ontario executor — Treadstone Law
- Executor access crypto no private key ontario — Treadstone Law
- Executor release from beneficiaries before distribution ontario — Treadstone Law
- Non resident executor cra withholding obligations ontario — Treadstone Law
- Care and management fee executor compensation ontario — Treadstone Law
- Executor duty impartiality between beneficiaries ontario — Treadstone Law
- Wills & estates practice — Treadstone Law