Legally yes, but tax applies at fair market value regardless of price, and the other heirs may see it as defeating their shares.
The Canadian position
Legally yes, but tax applies at fair market value regardless of price, and the other heirs may see it as defeating their shares.
Provincial law governs administration, so confirm the position where the estate will actually 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 mechanism 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
- Canadian Legal Information Institute — CanLII
- What is a matrimonial home in ontario — Treadstone Law
- Title insurance work orders ontario — Treadstone Law
- Adding child to property title ontario — Treadstone Law
- Title search what happens ontario buyer — Treadstone Law
- What is valuation date matrimonial home — Treadstone Law
- Who moves out matrimonial home ontario rights — Treadstone Law
- Wills & estates practice — Treadstone Law