A partial payment before administration completes, made with an adequate holdback against unknown liabilities.
The Canadian position
A partial payment before administration completes, made with an adequate holdback against unknown liabilities.
Provincial law governs the detail, so confirm the position where the estate will 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 instrument 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.
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
- What to do when someone has died — Canada Revenue Agency
- Income Tax Act, RSC 1985, c 1 (5th Supp) — Justice Laws Canada
- Cryptocurrency ontario will executor access — Treadstone Law
- Non resident executor cra withholding obligations ontario — Treadstone Law
- Estate pays executors personal lawyer fees ontario — Treadstone Law
- Trustee compensation taxable income — Treadstone Law
- Executor vs administrator vs estate trustee ontario — Treadstone Law
- Co executor dies during estate administration ontario — Treadstone Law
- Wills & estates practice — Treadstone Law