An arrangement where the trustee holds legal title only, with no discretion — often what a court finds where a parent added a child to title.
The Canadian position
An arrangement where the trustee holds legal title only, with no discretion — often what a court finds where a parent added a child to title.
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
- T3 Trust Guide — Canada Revenue Agency
- Canadian Legal Information Institute — CanLII
- Estate trustees power of sale in will vs court approval ontario — Treadstone Law
- Joint partner trust explained — Treadstone Law
- Why use a trust in your ontario estate plan — Treadstone Law
- Cottage in family trust 21 year rule planning — Treadstone Law
- Rdsp vs henson trust ontario which to use — Treadstone Law
- Letter of wishes ontario trust — Treadstone Law
- Wills & estates practice — Treadstone Law