The tax rule treating a person as having sold everything at fair market value immediately before death.
In Islamic law
A debt of the estate, payable ahead of bequests and shares. It reduces the divisible estate, so faraid fractions apply to the net figure.
In Canadian law
Capital gains are triggered on death, with a rollover available to a spouse or spousal trust. For a family holding a rental property or investments, this can be the largest single liability the estate faces — and it must be paid before beneficiaries receive anything.
We have not yet researched whether the four Sunni schools differ on this term, so we are not going to tell you either way. Where a specific case turns on it, ask a qualified scholar rather than relying on a general summary.
Canadian legal detail
Treadstone Law, an Ontario firm with a wills and estates practice, covers the Canadian side of this in more depth:
- Cottage capital gains tax death ontario
- Estate administration tax value vs deemed disposition value ontario
- Spouse title change capital gains rollover ontario
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.
- Cottage capital gains tax death ontario — Treadstone Law
- Estate administration tax value vs deemed disposition value ontario — Treadstone Law
- Spouse title change capital gains rollover ontario — Treadstone Law
- Estate tax on rental property ontario — Treadstone Law
- Wills & estates practice — Treadstone Law