Yes, and it is more common than people expect. Distributing before debts and taxes are settled, or failing to search properly for a will, both create personal exposure.
The Canadian position
An executor who distributes without a CRA clearance certificate can be personally liable for unpaid tax. Publishing a notice to creditors protects against later claims.
A court will require an applicant for a grant where no will was found to swear an affidavit of diligent search. If a will surfaces afterwards and the estate was distributed on an intestacy, the executor is exposed.
The Islamic position
Consistent with the amanah character of the role — the wasi is accountable for what was entrusted.
All four schools want the same qualities in a wasi — adulthood and legal capacity, Islam, integrity and the ability to do the job. They differ on what failing one of them does. Three schools treat them as conditions of validity, so an appointment that fails one is void. The Hanafi school treats the appointment as valid and puts the remedy in the judge’s hands.
All four Sunni schools researched and sourced. Reviewed 2026-08-19. Full positions, evidence and sources — Who may be appointed wasi (executor and guardian).
Making an Islamic will in Canada — province by province, and what makes one valid where you live →
What to do about it
- Publish a notice to creditors.
- Search for a will properly, and document the search.
- Obtain a clearance certificate before final distribution.
- Retain a holdback if making an interim distribution.
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.
- 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
- Locating wills and documents — Law Society of Ontario
- Executor personally liable estate debts ontario — Treadstone Law
- Estate trustee holdback before final distribution ontario — Treadstone Law
- Executor undisclosed assets found after distribution — Treadstone Law
- Executor claims against estate creditor — Treadstone Law
- Wills & estates practice — Treadstone Law