It is administered as insolvent. Creditors are paid in statutory priority and beneficiaries receive nothing.
The Canadian position
It is administered as insolvent. Creditors are paid in statutory priority and beneficiaries receive nothing.
Provincial law governs administration, so confirm the position where the estate will actually be administered.
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 qualified scholar.
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.
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.
- 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
- Probate planning blended families ontario — Treadstone Law
- What happens if estate trustee dies before testator — Treadstone Law
- Probate ontario explained — Treadstone Law
- Probate avoidance strategies ontario courts struck down — Treadstone Law
- Estimating and truing up estate value ontario probate application — Treadstone Law
- Segregated funds vs mutual funds probate ontario — Treadstone Law
- Wills & estates practice — Treadstone Law