File the application, the will, the estate inventory and the required affidavits with the court, and pay the probate tax.
The Canadian position
File the application, the will, the estate inventory and the required affidavits with the court, and pay the probate tax.
Executors carry personal liability for getting the sequence wrong, so document each step as you take it.
The Islamic position
The wasi holds the estate as an amanah and is answerable to the heirs for how it was handled.
Islamic practice favours prompt settlement, which sits awkwardly with Canadian tax clearance timelines — an interim distribution with a holdback is the usual compromise.
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
- 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
- What to do when someone has died — Canada Revenue Agency
- Income Tax Act, RSC 1985, c 1 (5th Supp) — Justice Laws Canada
- Administering estates — Government of Ontario
- Executor running business during administration ontario — Treadstone Law
- Executor dealing with rrsp estate ontario — Treadstone Law
- Executor de son tort ontario explained — Treadstone Law
- How long must executor search missing beneficiary ontario — Treadstone Law
- Cremation vs burial instructions executor follow ontario — Treadstone Law
- How many executors should you name ontario will — Treadstone Law
- Wills & estates practice — Treadstone Law