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.
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.
- What to do when someone has died — Canada Revenue Agency
- Income Tax Act, RSC 1985, c 1 (5th Supp) — Justice Laws Canada
- Graduated rate estate deemed disposition planning ontario — Treadstone Law
- Deceased final tax return estate taxes ontario — Treadstone Law
- Estate deemed disposition ontario — Treadstone Law
- Rrsp contribution deceased persons final return canada — Treadstone Law
- Wills & estates practice — Treadstone Law