Document every attempt to contact them; the court can direct payment into court if they cannot be found.
The Canadian position
Document every attempt to contact them; the court can direct payment into court if they cannot be found.
Executors carry personal liability for getting the sequence wrong, so document each step as you take it.
The Islamic position
The wasi holds the estate as an amanah and is answerable to the heirs for how it was handled.
Islamic practice favours prompt settlement, which sits awkwardly with Canadian tax clearance timelines — an interim distribution with a holdback is the usual compromise.
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.
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
- 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
- Administering estates — Government of Ontario
- Executor waste estate assets ontario — Treadstone Law
- How long executor has to settle estate ontario — Treadstone Law
- Emergency removal executor dissipating assets ontario — Treadstone Law
- Limitation period suing an executor ontario — Treadstone Law
- Executor dealing with insolvent estate ontario — Treadstone Law
- Executor selling estate property ontario — Treadstone Law
- Wills & estates practice — Treadstone Law