Typically an executor named in a will, or a family member applying to administer an estate, on proof of death.
The Canadian position
Typically an executor named in a will, or a family member applying to administer an estate, on proof of death.
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
- Locating wills and documents — Law Society of Ontario
- Wills Registry — Province of British Columbia
- Ontario small estate certificate process explained — Treadstone Law
- Multiple wills ontario private company shares probate avoidance — Treadstone Law
- Checking if probate already applied ontario — Treadstone Law
- Probate avoidance strategies ontario courts struck down — Treadstone Law
- Challenging estate trustee appointment ontario — Treadstone Law
- Executor vs administrator vs estate trustee ontario — Treadstone Law
- Wills & estates practice — Treadstone Law