Work through his lawyer, his banks, his home records and any will registry. Document each step as you go.
The Canadian position
There is no central Canadian registry. Quebec has two near-universal registers; BC has a government wills registry. Ontario and most provinces have none, so private registries and lawyers' files are the practical route.
The provincial law society may hold records for a firm that has wound up.
The Islamic position
Locating the will is what makes the wasiyyah effective. Where it cannot be found, the estate is divided by provincial statute instead.
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 he used, and any successor firm.
- Check safety deposit boxes at all his banks.
- Search the home — safes, filing cabinets, digital storage.
- Search will registries.
- Contact the law society about closed practices.
- Write down every step, with dates.
General information, not legal or religious advice. Inheritance depends entirely on the exact family circumstances. Confirm the Canadian position with a lawyer in your province and any religious ruling with a qualified scholar.
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
- 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
- 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
- Joint ownership vs beneficiary designation avoid probate ontario — Treadstone Law
- Naming trust as rrsp beneficiary probate — Treadstone Law
- Probate avoidance strategies ontario courts struck down — Treadstone Law
- Can you challenge a will after probate ontario — Treadstone Law
- Bank release funds after probate ontario — Treadstone Law
- Where to apply for probate ontario jurisdiction — Treadstone Law
- Wills & estates practice — Treadstone Law