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How does an executor wind up the estate?

Prepare final accounts, obtain releases, distribute, and retain records for several years.

This is legal information only. For advice on your own circumstances, speak to a lawyer.

Prepare final accounts, obtain releases, distribute, and retain records for several years.

The Canadian position

Prepare final accounts, obtain releases, distribute, and retain records for several years.

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.

Across the madhahib

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.

Note

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 one of the references below. Legislation and dollar thresholds change — verify against the primary source before relying on any figure.

Scholarly & institutional references
  1. Research Papers — Cambridge Muslim College
  2. Research — Cambridge Muslim College
  3. Academics — Islamic law and theology curriculum — Zaytuna College
  4. Encyclopaedia of Islam — Brill
Canadian legislation & government
  1. Apply for probate of an estate — Government of Ontario
  2. Estate Administration Tax — Government of Ontario
  3. Estates Act, RSO 1990, c E.21 — Government of Ontario
  4. What to do when someone has died — Canada Revenue Agency
  5. Income Tax Act, RSC 1985, c 1 (5th Supp) — Justice Laws Canada
  6. Administering estates — Government of Ontario
Canadian legal commentary
  1. How executor compensation is taxed ontario — Treadstone Law
  2. Estate trustee compensation calculated from sale proceeds ontario — Treadstone Law
  3. Executor authority to sell family business ontario — Treadstone Law
  4. Difference between executor and estate trustee ontario — Treadstone Law
  5. Cross border executor us citizen tax complications ontario — Treadstone Law
  6. What is fiduciary duty executor ontario — Treadstone Law
  7. Wills & estates practice — Treadstone Law