Raise it on a passing of accounts, where the court assesses reasonableness against the work actually done.
The Canadian position
Raise it on a passing of accounts, where the court assesses reasonableness against the work actually done.
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
- Administering estates — Government of Ontario
- Canadian Legal Information Institute — CanLII
- What does executor do ontario — Treadstone Law
- Executor duty impartiality between beneficiaries ontario — Treadstone Law
- Removing deadlocked co executor court application ontario — Treadstone Law
- Informal vs formal passing of accounts ontario — Treadstone Law
- Executor passing accounts dispute ontario — Treadstone Law
- Executor release from beneficiaries before distribution ontario — Treadstone Law
- Wills & estates practice — Treadstone Law