They may continue as a claim against the estate depending on the order and the province. Life insurance is commonly used to secure them.
The Canadian position
They may continue as a claim against the estate depending on the order and the province. Life insurance is commonly used to secure them.
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.
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
- Family Law Act, RSO 1990, c F.3 — Government of Ontario
- Canadian Legal Information Institute — CanLII
- Challenging validity of a power of attorney ontario — Treadstone Law
- Interlocutory injunctions ontario civil litigation — Treadstone Law
- Review hearing challenge continued cas involvement — Treadstone Law
- Burden of proof in a will challenge ontario — Treadstone Law
- Dependant support deadline minor beneficiary ontario — Treadstone Law
- Capacity assessor home visit ontario — Treadstone Law
- Wills & estates practice — Treadstone Law