Usually the spouse or next of kin, in an order set by provincial legislation, and often on posting a bond.
The Canadian position
Usually the spouse or next of kin, in an order set by provincial legislation, and often on posting a bond.
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
- Succession Law Reform Act, RSO 1990, c S.26 — Government of Ontario
- Administering estates — Government of Ontario
- 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
- Missing heir intestacy ontario estate — Treadstone Law
- Intestacy ontario no will distribution — Treadstone Law
- Stepchildren inheritance rights ontario no will — Treadstone Law
- What is preferential share ontario intestacy — Treadstone Law
- Can common law partner inherit without a will ontario — Treadstone Law
- Half siblings intestacy ontario — Treadstone Law
- Wills & estates practice — Treadstone Law