It defers capital gains, but it must exclude everyone else from capital during the spouse's lifetime — which conflicts with vesting children's shares now.
The Canadian position
It defers capital gains, but it must exclude everyone else from capital during the spouse's lifetime — which conflicts with vesting children's shares now.
Provincial law governs administration, so confirm the position where the estate will actually be administered.
The Islamic position
The fixed shares apply to the net estate after funeral expenses, debts and any bequest capped at one third.
Where a Canadian mechanism has no classical counterpart, treat it as a contemporary question for a qualified scholar.
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.
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.
- Surah an-Nisa 4:11 — shares of children and parents — Quran.com
- Surah an-Nisa 4:12 — shares of spouses and uterine siblings — Quran.com
- Surah an-Nisa 4:176 — the kalalah verse — Quran.com
- Research Papers — Cambridge Muslim College
- Research — Cambridge Muslim College
- Academics — Islamic law and theology curriculum — Zaytuna College
- Encyclopaedia of Islam — Brill
- T3 Trust Guide — Canada Revenue Agency
- Prescribed rate loan family trust income splitting — Treadstone Law
- Transferring property into family trust ontario — Treadstone Law
- Challenging estate trustee appointment ontario — Treadstone Law
- Construction lien vs trust claim ontario — Treadstone Law
- Discretionary family trust ontario estate planning — Treadstone Law
- What is certificate of appointment estate trustee — Treadstone Law
- Wills & estates practice — Treadstone Law