Usually yes, if the will gives the power or the sale is needed to pay debts and distribute. A specific gift of the home changes that.
The Canadian position
Where the will leaves the home to a named person, the executor generally cannot sell it to simplify administration.
A surviving spouse may also have rights in a matrimonial home that operate independently of the will.
The Islamic position
Heirs commonly prefer one of them to take the home against their share rather than see it sold — that is takharuj.
The faraid shares are fractions, so the home must either be sold or valued and offset.
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.
- Surah an-Nisa 4:11 — shares of children and parents — Quran.com
- Surah an-Nisa 4:12 — shares of spouses and uterine siblings — Quran.com
- Surah an-Nisa 4:176 — the kalalah verse — Quran.com
- Research Papers — Cambridge Muslim College
- Research — Cambridge Muslim College
- Academics — Islamic law and theology curriculum — Zaytuna College
- Encyclopaedia of Islam — Brill
- 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
- Family Law Act, RSO 1990, c F.3 — Government of Ontario
- Undertaking to clear title defect after closing ontario — Treadstone Law
- Statute of limitations real property ontario — Treadstone Law
- Can spouse unilaterally list matrimonial home for sale ontario — Treadstone Law
- Title insurance what does it cover ontario — Treadstone Law
- Premarital home becomes matrimonial home ontario — Treadstone Law
- Marriage contract matrimonial home before wedding — Treadstone Law
- Wills & estates practice — Treadstone Law