Pay funeral expenses first, then debts including unpaid mahr and zakat arrears, then bequests, then the shares.
The Canadian position
Pay funeral expenses first, then debts including unpaid mahr and zakat arrears, then bequests, then the shares.
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.
Where the four schools stand
Agreed. The estate is worked through in four steps, in this order: (1) the cost of preparing, shrouding and burying the body; (2) the deceased’s debts; (3) any bequest, capped at one third of what is left after (1) and (2); and (4) the fixed shares of the heirs, out of the remainder. The Kuwaiti Encyclopaedia of Islamic Jurisprudence records the sequence itself as a point on which there is no disagreement among the jurists, and records debt-before-bequest as agreed by all of them — even though Surah an-Nisa names the bequest before the debt, the jurists read the order as debt first, because a debt is owed from the outset while a bequest is a voluntary gift. Two rankings inside this sequence are genuinely disputed and are researched separately: whether a debt secured on a particular asset outranks the funeral itself, and whether unpaid religious dues such as zakat or an unperformed hajj come out of the estate at all where the deceased left no instruction. Neither dispute disturbs the four-step order. We checked this point; the schools do not differ on it.
Shared evidence: Surah an-Nisa 4:11 — “after the fulfilment of bequests and debts” · Surah an-Nisa 4:12 — the same clause, twice more · Sahih Muslim 1206a — the pilgrim who died at ‘Arafah was washed and shrouded with no inquiry into his debts.
Researched finding from our madhhab register — issue debt-priority-order, reviewed 2026-08-19.
Full evidence and history: The order of payment out of an estate — the issue page.
Related madhhab issue: Unpaid mahr when the husband dies.
Related madhhab issue: Who may be appointed wasi (executor and guardian).
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
- 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
- Are funeral expenses paid first insolvent estate ontario — Treadstone Law
- Executor personal liability ontario — Treadstone Law
- Executor personal liability ontario — Treadstone Law
- Estate trustee personal liability unpaid eat — Treadstone Law
- Wills & estates practice — Treadstone Law