Federal and provincial student loans in Canada are generally forgiven on death; private loans are not and remain estate debts.
The Canadian position
A co-signer on a private loan remains liable.
The executor should confirm the loan type before paying anything.
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 scholar rather than assuming an answer.
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.
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 one of the references below. Legislation and dollar thresholds change — verify against the primary source before relying on any figure.
- Research Papers — Cambridge Muslim College
- Research — Cambridge Muslim College
- Academics — Islamic law and theology curriculum — Zaytuna College
- Encyclopaedia of Islam — Brill
- 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
- Canadian Legal Information Institute — CanLII
- What is probate ontario — Treadstone Law
- Bank release funds after probate ontario — Treadstone Law
- Reduce probate fees ontario — Treadstone Law
- Estate trustee notice obligations during challenge ontario — Treadstone Law
- Gics term deposits estate administration tax ontario — Treadstone Law
- What is probate ontario is it always required — Treadstone Law
- Wills & estates practice — Treadstone Law