Not legally, but most executors use one for anything beyond a simple estate. The fees are an estate expense.
The Canadian position
Not legally, but most executors use one for anything beyond a simple estate. The fees are an estate expense.
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.
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 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
- 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
- Certificate of appointment during litigation ontario — Treadstone Law
- Ontario estate administration tax how calculated — Treadstone Law
- Probate required ontario when — Treadstone Law
- Affidavit of execution ontario probate application — Treadstone Law
- What is certificate of appointment estate trustee — Treadstone Law
- Multiple wills ontario private company shares probate avoidance — Treadstone Law
- Wills & estates practice — Treadstone Law