In Ontario, Estate Administration Tax of roughly 1.5% above $50,000.
The Canadian position
Probate is administered through the Superior Court of Justice. Assets passing by beneficiary designation or survivorship fall outside the calculation.
That is why probate planning concentrates on designations and joint ownership.
The Islamic position
Probate cost is an administration expense, payable from the estate before the shares are calculated.
But every technique that reduces it also removes assets from the pool the faraid shares apply to — the two goals genuinely conflict.
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
- Succession Law Reform Act, RSO 1990, c S.26 — Government of Ontario
- 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
- Loans owed to deceased estate administration tax ontario — Treadstone Law
- Lost will probate ontario — Treadstone Law
- Estate trustee selling below market value beneficiary recourse ontario — Treadstone Law
- Applying for probate yourself ontario without lawyer — Treadstone Law
- Joint ownership right of survivorship probate risks ontario — Treadstone Law
- Probate avoidance strategies for modest estates ontario — Treadstone Law
- Wills & estates practice — Treadstone Law