Work through the deceased's lawyer, their banks, the home, and any will registry — then document every step for the affidavit of diligent search.
The Canadian position
Markham estates are administered through the Superior Court of Justice under Ontario law. There is no municipal registry.
The provincial law society may hold records for a firm that has wound up, which is a common dead end otherwise.
The Islamic position
Locating the will is what makes the wasiyyah effective. Where none is found, the estate is divided by provincial statute instead.
The obligation runs both ways: the testator keeps it findable, the executor genuinely looks.
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.
What to do about it
- Contact every lawyer the deceased used.
- Check safety deposit boxes at all their banks.
- Search the home and digital storage.
- Search will registries.
- Write down every step with dates.
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 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
- Succession Law Reform Act, RSO 1990, c S.26 — Government of Ontario
- Locating wills and documents — Law Society of Ontario
- Wills Registry — Province of British Columbia
- Search the registers of wills and mandates — Chambre des notaires du Québec
- Life insurance rrsp bypassing probate ontario estate planning — Treadstone Law
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- Wills & estates practice — Treadstone Law