Debts are settled before anything is distributed, so the shares may apply to very little. Life insurance naming individuals passes outside that.
The Canadian position
Debts are settled before anything is distributed, so the shares may apply to very little. Life insurance naming individuals passes outside that.
Provincial law governs validity, administration and the grounds on which a will can be challenged — so the answer can change if you move.
The Islamic position
Have the faraid shares recalculated whenever the family configuration changes; they are conditional on who survives.
Record the reasoning and the scholar consulted in a memorandum kept with the will.
Where the four schools stand
Agreed. The estate is worked through in four steps, in this order: (1) the cost of preparing, shrouding and burying the body; (2) the deceased’s debts; (3) any bequest, capped at one third of what is left after (1) and (2); and (4) the fixed shares of the heirs, out of the remainder. The Kuwaiti Encyclopaedia of Islamic Jurisprudence records the sequence itself as a point on which there is no disagreement among the jurists, and records debt-before-bequest as agreed by all of them — even though Surah an-Nisa names the bequest before the debt, the jurists read the order as debt first, because a debt is owed from the outset while a bequest is a voluntary gift. Two rankings inside this sequence are genuinely disputed and are researched separately: whether a debt secured on a particular asset outranks the funeral itself, and whether unpaid religious dues such as zakat or an unperformed hajj come out of the estate at all where the deceased left no instruction. Neither dispute disturbs the four-step order. We checked this point; the schools do not differ on it.
Shared evidence: Surah an-Nisa 4:11 — “after the fulfilment of bequests and debts” · Surah an-Nisa 4:12 — the same clause, twice more · Sahih Muslim 1206a — the pilgrim who died at ‘Arafah was washed and shrouded with no inquiry into his debts.
Researched finding from our madhhab register — issue debt-priority-order, reviewed 2026-08-19.
Full evidence and history: The order of payment out of an estate — the issue page.
Related madhhab issue: Assets that pass outside the estate — are they part of the tarikah?.
Related madhhab issue: Do life insurance proceeds enter the estate?.
What to do about it
- Recalculate the shares for the new circumstances.
- Update the will with a lawyer in your province.
- Review every beneficiary designation.
- Confirm where the original is kept.
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.
- 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
- Death of an RRSP annuitant — Canada Revenue Agency
- Death of a TFSA holder — Canada Revenue Agency
- What to do when someone has died — Canada Revenue Agency
- Life insurance beneficiary designation ontario estate planning — Treadstone Law
- Beneficiary designation vs will which controls — Treadstone Law
- Will vs beneficiary designation which controls — Treadstone Law
- Naming trust as beneficiary rrsp life insurance ontario — Treadstone Law
- Wills & estates practice — Treadstone Law