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.
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
- 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
- Foreign tax credit deceased persons final return canada — Treadstone Law
- Accessing deceased bank accounts before probate ontario — Treadstone Law
- Social media accounts after death ontario — Treadstone Law
- Claim against sellers estate after death ontario — Treadstone Law
- Title still in deceased name selling property ontario — Treadstone Law
- Transferring property after death estate ontario — Treadstone Law
- Wills & estates practice — Treadstone Law