Triggers capital gains on the deemed disposition, with no principal residence exemption available.
The Canadian position
Triggers capital gains on the deemed disposition, with no principal residence exemption available.
Whether an asset passes through the estate determines both the probate cost and who ultimately receives it.
The Islamic position
The tax is a debt of the estate, reducing the pool before the shares are calculated.
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 rental property 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
- Principal residence exemption — Canada Revenue Agency
- What to do when someone has died — Canada Revenue Agency
- Income Tax Act, RSC 1985, c 1 (5th Supp) — Justice Laws Canada
- Title insurance does not cover ontario — Treadstone Law
- Joint ownership right of survivorship probate risks ontario — Treadstone Law
- Leaving matrimonial home lose rights — Treadstone Law
- Removing name from property title after separation ontario — Treadstone Law
- Designation matrimonial home ontario — Treadstone Law
- Undertaking to clear title defect after closing ontario — Treadstone Law
- Wills & estates practice — Treadstone Law