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.
We have not yet researched whether the four Sunni schools differ on this specific point, so we are not going to tell you either way. If 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 a source below. Details change — check the original source before relying on any figure, fee or legal position. Anything under “further reading” is related material, not a source for what is stated here.
- 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
- 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
- Executor bond amount how calculated ontario — Treadstone Law
- Can executor pay lawyer accountant from estate ontario — Treadstone Law
- Executor release from beneficiaries before distribution ontario — Treadstone Law
- Wills & estates practice — Treadstone Law