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.
We have not yet researched whether the four Sunni schools differ on this specific point, so we are not going to tell you either way. If 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 a source below. Details change — check the original source before relying on any figure, fee or legal position. Anything under “further reading” is related material, not a source for what is stated here.
- Family Law Act, RSO 1990, c F.3 — Government of Ontario
- Canadian Legal Information Institute — CanLII
- Dependant support claim life insurance proceeds ontario — Treadstone Law
- Life insurance clause secure support domestic contract ontario — Treadstone Law
- Claim against sellers estate after death ontario — Treadstone Law
- Dependant support claim out of province estate ontario — Treadstone Law
- Wills & estates practice — Treadstone Law