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.
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.
- 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
- Rrsp division separation ontario tax free rollover — Treadstone Law
- Spousal trust ontario will surviving spouse — Treadstone Law
- Spousal trust tax deferral — Treadstone Law
- In trust accounts children canada tax ontario — Treadstone Law
- Wills & estates practice — Treadstone Law