Yes, at a reasonable market figure for the inventory. They are usually modest in value and disproportionately contentious.
The Canadian position
Yes, at a reasonable market figure for the inventory. They are usually modest in value and disproportionately contentious.
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 estate is fixed at death, not at distribution. The heirs become owners of the assets themselves the moment the deceased dies, without having to accept anything, so a later distribution is a partition of property they already own rather than the payment out of a valuation struck on the day it happens. On a debt-free estate the Kuwaiti Mawsu’a records no disagreement at all among the jurists that the estate and everything it has since earned belongs to the heirs, each according to his share — so post-death rent, profit and appreciation follow the faraid fractions. The schools do differ, and the difference is worth knowing, where the estate carries a debt: it decides whether the income earned between the death and the payment of the debt belongs to the heirs or is swept back to the creditors.
All four Sunni schools researched and sourced. Reviewed 2026-09-01. Full positions, evidence and sources — Is the estate valued at the date of death or the date of distribution?.
Making an Islamic will in Canada — province by province, and what makes one valid where you live →
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.
- 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
- Estate trustee selling real estate below market value ontario — Treadstone Law
- Estate trustee selling below market value beneficiary recourse ontario — Treadstone Law
- Wills & estates practice — Treadstone Law