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Estate Debts

What must be paid out of an estate before anyone inherits.

Draft — pending review. This page has been prepared but has not yet been reviewed by a Canadian estates lawyer or a qualified scholar. Treat it as a starting point for questions, not as advice you should act on.

What must be paid out of an estate before anyone inherits.

In Islamic law

The classical order is closely parallel: funeral expenses, then debts, then the wasiyyah up to one third, then the faraid shares. Unpaid mahr ranks as a debt.

In Canadian law

Funeral expenses, administration costs, taxes and creditor claims are settled first. Beneficiaries receive only the net residue.

Across the madhahib

No significant difference between the four Sunni schools is recorded on this point in the sources reviewed. 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:

Important

This entry is general information, not legal or religious advice. Inheritance turns on the exact family circumstances. Confirm Canadian law with a lawyer in your province, and any religious ruling with a qualified scholar.