Capital gains are included in income at the statutory inclusion rate and taxed at the deceased's marginal rate on the final return.
The Canadian position
Capital gains are included in income at the statutory inclusion rate and taxed at the deceased's marginal rate on the final return.
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.
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
- What to do when someone has died — Canada Revenue Agency
- Income Tax Act, RSC 1985, c 1 (5th Supp) — Justice Laws Canada
- Us estate tax exposure ontario resident us property — Treadstone Law
- Rrsp contribution deceased persons final return canada — Treadstone Law
- Joint ownership non spouse deemed disposition death ontario — Treadstone Law
- Wsib clearance certificate business sale ontario — Treadstone Law
- Foreign tax credit deceased persons final return canada — Treadstone Law
- Cra clearance certificate before dissolving ontario corporation — Treadstone Law
- Wills & estates practice — Treadstone Law