May pass by survivorship, or a court may find a resulting trust for the estate — it turns on what was intended when it was opened.
The Canadian position
May pass by survivorship, or a court may find a resulting trust for the estate — it turns on what was intended when it was opened.
Whether an asset passes through the estate determines both the probate cost and who ultimately receives it.
The Islamic position
If it was genuinely the deceased's money, it belongs in the tarikah and is divided by the shares.
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 joint bank account 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
- Matrimonial home pension not included — Treadstone Law
- Spousal support entitlement after brief cohabitation — Treadstone Law
- What is title insurance ontario — Treadstone Law
- Title insurance survey replacement ontario — Treadstone Law
- Mecp order registered against title ontario — Treadstone Law
- Short marriage spousal support entitlement — Treadstone Law
- Wills & estates practice — Treadstone Law