The executor, using professional appraisals for real property, business interests and anything else not readily priced.
The Canadian position
Courts and CRA both expect defensible valuations. Guessing is not sufficient for real estate or private company shares.
Appraisal costs are estate expenses.
The Islamic position
Because the shares are fractions, an inaccurate valuation distorts every heir's entitlement proportionally.
Where heirs disagree on value, an independent appraisal is usually cheaper than the argument.
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
- 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
- What to do when someone has died — Canada Revenue Agency
- Income Tax Act, RSC 1985, c 1 (5th Supp) — Justice Laws Canada
- Naming trust as rrsp beneficiary probate — Treadstone Law
- Succeeding estate trustee certificate ontario — Treadstone Law
- Probate fees vs income tax at death ontario — Treadstone Law
- What is certificate of appointment estate trustee ontario — Treadstone Law
- Probate jointly owned property ontario — Treadstone Law
- Estate trustees power of sale in will vs court approval ontario — Treadstone Law
- Wills & estates practice — Treadstone Law