No. Only a spouse or spousal trust gets the rollover; a transfer to children triggers the gain.
The Canadian position
No. Only a spouse or spousal trust gets the rollover; a transfer to children triggers the gain.
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.
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
- Principal residence exemption — Canada Revenue Agency
- What to do when someone has died — Canada Revenue Agency
- Income Tax Act, RSC 1985, c 1 (5th Supp) — Justice Laws Canada
- Estate deemed disposition ontario — Treadstone Law
- Clearance certificate delay affects closing ontario — Treadstone Law
- Section 116 clearance certificate non resident seller ontario — Treadstone Law
- Us beneficiary estate tax reporting canadian estate ontario — Treadstone Law
- What is clearance certificate cra — Treadstone Law
- Deemed disposition private company shares death canada — Treadstone Law
- Wills & estates practice — Treadstone Law