Yes, and you should state it explicitly. Canadian law will not treat unpaid zakat as a debt unless the will directs payment.
The Canadian position
Direct it as a specific bequest or as a direction to pay before distribution.
Estimate the amount or give a formula.
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 scholar rather than assuming an answer.
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.
- Sahih al-Bukhari, Book 55: Wills and Testaments (Wasaya) — Sunnah.com
- Sahih Muslim, Book of Wills — Sunnah.com
- Surah al-Baqarah 2:180 — the bequest 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
- Naming a trust company as attorney for property ontario — Treadstone Law
- When alter ego trust fails avoid probate ontario — Treadstone Law
- Lawyer trust ledger after closing ontario — Treadstone Law
- Foreign trust canadian beneficiary ontario — Treadstone Law
- Estate trustee removal grounds court ontario — Treadstone Law
- Choosing estate trustee ontario — Treadstone Law
- Wills & estates practice — Treadstone Law