It depends what was intended when it was opened. It may pass to the survivor, or a court may find it was held on a resulting trust for the estate.
The Canadian position
Where a parent adds an adult child for convenience, courts often find a resulting trust rather than a gift — meaning the money forms part of the estate after all.
Documenting the intention at the time is what settles it.
The Islamic position
If the account genuinely belonged to the deceased, it is part of the tarikah and divided by the shares. Convenience arrangements do not change ownership.
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
- Canadian Legal Information Institute — CanLII
- What to do when someone has died — Canada Revenue Agency
- Spousal support entitlement ontario who qualifies — Treadstone Law
- Matrimonial home equalization exception — Treadstone Law
- Can a will override joint ownership survivorship ontario — Treadstone Law
- Unpaid seller retention of title priority — Treadstone Law
- Leaving matrimonial home lose rights — Treadstone Law
- Matrimonial home ontario — Treadstone Law
- Wills & estates practice — Treadstone Law