The jurisdiction you legally belong to. It governs succession to movable property and is harder to change than residence.
The Canadian position
The jurisdiction you legally belong to. It governs succession to movable property and is harder to change than residence.
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
- Canadian Legal Information Institute — CanLII
- Ontario small estate certificate process explained — Treadstone Law
- What estate trustee submits to court ontario probate — Treadstone Law
- How is ontario probate fee calculated — Treadstone Law
- When alter ego trust fails avoid probate ontario — Treadstone Law
- Probate real estate ontario land transfer estate — Treadstone Law
- Can executor apply for probate without lawyer ontario — Treadstone Law
- Wills & estates practice — Treadstone Law