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Estate Debts

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

This is legal information only. For advice on your own circumstances, speak to a lawyer.

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

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:

Note

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.

Further reading — Treadstone Law
  1. Are funeral expenses paid first insolvent estate ontario — Treadstone Law
  2. Executor claims against estate creditor — Treadstone Law
  3. Can estate deduct funeral costs canada — Treadstone Law
  4. Segregated fund beneficiary creditor claims ontario — Treadstone Law
  5. Wills & estates practice — Treadstone Law