Access is governed by platform terms as much as by law, and executors are frequently locked out entirely.
The Canadian position
Some provinces have begun addressing fiduciary access to digital assets; most platforms still require their own process.
Cryptocurrency without a recorded key is unrecoverable.
The Islamic position
Anything of value forms part of the tarikah and should be distributable.
An asset that cannot be accessed cannot be divided.
RRSPs, TFSAs, joint tenancy and beneficiary designations are all newer than the four schools, so this is not a madhhab difference and we have built no four-school table for it. What the schools do agree is the test: the tarikah is what the deceased owned at the moment of death, not how the asset moved afterwards. Applying that test to Canadian instruments is a present-day question, and named bodies reach opposite results — AMJA and Qatar’s Islamweb keep an earned plan in the estate; Singapore’s MUIS treats a nomination as a completed lifetime gift. No source on either side reasons from probate.
No school ruled on this instrument; named present-day bodies differ. Reviewed 2026-09-01. Full positions, evidence and sources — Assets that pass outside the estate — are they part of the tarikah?.
Making an Islamic will in Canada — province by province, and what makes one valid where you live →
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.
- Canadian Legal Information Institute — CanLII
- 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
- What happens if you die without a will ontario — Treadstone Law
- Cryptocurrency digital assets estate administration tax ontario — Treadstone Law
- Cryptocurrency ontario will executor access — Treadstone Law
- Different executors named for different provinces ontario — Treadstone Law
- Wills & estates practice — Treadstone Law