Funds the executor retains against unknown liabilities, typically until the clearance certificate is issued.
The Canadian position
It allows an interim distribution without personal exposure.
Size it against the estimated tax and any contingent claims.
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
- What to do when someone has died — Canada Revenue Agency
- Income Tax Act, RSC 1985, c 1 (5th Supp) — Justice Laws Canada
- 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
- Costs removing uncooperative executor who pays ontario — Treadstone Law
- Who can be named executor ontario will — Treadstone Law
- Delayed closing compensation new condo ontario — Treadstone Law
- Executor reimbursed for out of pocket expenses ontario — Treadstone Law
- Executor bond amount how calculated ontario — Treadstone Law
- Opening an estate bank account ontario executor guide — Treadstone Law
- Wills & estates practice — Treadstone Law