Request it once the final return is assessed; distributing without one leaves you personally liable for unpaid tax.
The Canadian position
Request it once the final return is assessed; distributing without one leaves you personally liable for unpaid 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
- Trustee duty even handedness income capital ontario — Treadstone Law
- Cross border executor us citizen tax complications ontario — Treadstone Law
- Land lease community closure compensation residents ontario — Treadstone Law
- Estate trustee compensation calculated from sale proceeds ontario — Treadstone Law
- How to prepare estate accounts ontario executor — Treadstone Law
- Estate trustee duties ontario — Treadstone Law
- Wills & estates practice — Treadstone Law