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What is a holdback?

Funds the executor retains against unknown liabilities, typically until the clearance certificate is issued.

This is legal information only. For advice on your own circumstances, speak to a lawyer.

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.

Note

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 a source below. Details change — check the original source before relying on any figure, fee or legal position. Anything under “further reading” is related material, not a source for what is stated here.

Canadian legislation & government
  1. What to do when someone has died — Canada Revenue Agency
  2. Income Tax Act, RSC 1985, c 1 (5th Supp) — Justice Laws Canada
  3. Apply for probate of an estate — Government of Ontario
  4. Estate Administration Tax — Government of Ontario
  5. Estates Act, RSO 1990, c E.21 — Government of Ontario
Further reading — Treadstone Law
  1. Executor claims against estate creditor — Treadstone Law
  2. Estate trustee holdback before final distribution ontario — Treadstone Law
  3. Executor misuses estate funds ontario what happens — Treadstone Law
  4. Us estate tax exposure ontario resident us property — Treadstone Law
  5. Wills & estates practice — Treadstone Law