Governed by the law where it sits, which may apply its own compulsory inheritance rules regardless of the Canadian will.
The Canadian position
Governed by the law where it sits, which may apply its own compulsory inheritance rules regardless of the Canadian will.
Whether an asset passes through the estate determines both the probate cost and who ultimately receives it.
The Islamic position
Property in a Muslim-majority country may be distributed by faraid automatically under local law — which can help or conflict depending on drafting.
The fixed shares apply only to the net estate. Anything passing outside it is never divided by faraid.
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.
What to do about it
- Confirm how your foreign real estate is currently held or designated.
- Decide deliberately whether it should follow the shares.
- Take tax advice before changing a designation.
- Re-check whenever the will changes.
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.
- 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
- Canadian Legal Information Institute — CanLII
- What to do when someone has died — Canada Revenue Agency
- Income Tax Act, RSC 1985, c 1 (5th Supp) — Justice Laws Canada
- Can spouse sell matrimonial home without consent — Treadstone Law
- Minimum entitlements cannot be waived ontario esa — Treadstone Law
- Title insurance claim how to ontario — Treadstone Law
- Selling matrimonial home without spouse consent ontario — Treadstone Law
- Land titles documents transmission application ontario — Treadstone Law
- What is valuation date matrimonial home — Treadstone Law
- Wills & estates practice — Treadstone Law