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What happens if someone dies without a will in Edmonton?

Alberta's intestacy rules apply. Parents typically receive nothing, sons and daughters take equally, and a spouse takes a large fixed share first.

Draft — pending review. This page has been prepared but has not yet been reviewed by a Canadian estates lawyer or a qualified scholar. Treat it as a starting point for questions, not as advice you should act on.

Alberta's intestacy rules apply. Parents typically receive nothing, sons and daughters take equally, and a spouse takes a large fixed share first.

The Canadian position

The estate is administered through the Court of King's Bench under Alberta legislation. Municipality makes no difference to the formula.

An administrator must swear an affidavit of diligent search before the estate is treated as intestate.

The Islamic position

Faraid gives each parent one sixth where the deceased left children, and a son twice a daughter's share — neither appears in any provincial formula.

Heirs who are all adult and competent may be able to redistribute afterwards by family settlement.

Across the madhahib

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.

Before you act on this

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.

Islamic primary sources
  1. Surah an-Nisa 4:11 — shares of children and parents — Quran.com
  2. Surah an-Nisa 4:12 — shares of spouses and uterine siblings — Quran.com
  3. Surah an-Nisa 4:176 — the kalalah verse — Quran.com
  4. Sahih al-Bukhari, Book 85: Laws of Inheritance (Faraid) — Sunnah.com
  5. Sahih Muslim, Book of Inheritance — Sunnah.com
Scholarly & institutional references
  1. Research Papers — Cambridge Muslim College
  2. Research — Cambridge Muslim College
  3. Academics — Islamic law and theology curriculum — Zaytuna College
  4. Encyclopaedia of Islam — Brill
Canadian legislation & government
  1. Wills and Succession Act, SA 2010, c W-12.2 — Alberta King's Printer
  2. Succession Law Reform Act, RSO 1990, c S.26 — Government of Ontario
  3. Administering estates — Government of Ontario
Canadian legal commentary
  1. Partial intestacy will doesnt cover everything ontario — Treadstone Law
  2. Ontario intestacy no spouse no children — Treadstone Law
  3. Dying without a will intestacy ontario — Treadstone Law
  4. Separated spouse intestacy rights ontario — Treadstone Law
  5. Intestacy spouse multiple children ontario — Treadstone Law
  6. Does spouse inherit if no will ontario — Treadstone Law
  7. Wills & estates practice — Treadstone Law