The estate. Funeral expenses rank ahead of debts and are reimbursable to whoever advances them.
The Canadian position
Most banks will release funds from the deceased's account for funeral costs on production of the invoice, even before probate.
Keep every receipt — these are estate expenses.
The Islamic position
The classical order places funeral expenses first, before debts, bequest and shares. There is no conflict with Canadian practice here.
All four schools work through the estate in the same order: the cost of preparing and burying the body, then debts, then bequests up to one third, and only what is left is divided by the fixed shares. The disputes are not about the sequence but about two rankings inside it.
All four Sunni schools researched and sourced. Reviewed 2026-08-19. Full positions, evidence and sources — The order of payment out of an estate.
Making an Islamic will in Canada — province by province, and what makes one valid where you live →
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 dies — 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
- Bank release funds after probate ontario — Treadstone Law
- Who pays estate debts intestacy ontario — Treadstone Law
- Can estate deduct funeral costs canada — Treadstone Law
- Are funeral expenses paid first insolvent estate ontario — Treadstone Law
- Wills & estates practice — Treadstone Law