Beneficiaries can compel an accounting. If the executor still will not act, the court can order a passing of accounts and ultimately remove and replace them.
The Canadian position
Beneficiaries have a right to information about the estate and to an accounting of receipts, disbursements and compensation. A passing of accounts brings the executor before the court.
Removal is available where an executor is not acting, is in conflict, or has mismanaged assets — though courts are reluctant to remove a testator's chosen trustee without good reason.
The Islamic position
The wasi holds the estate as an amanah and is answerable for it. Withholding heirs' vested shares without cause is a breach of that trust.
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
- Write to the executor requesting an inventory and a timeline.
- If nothing follows, have a lawyer send a formal demand.
- Apply to compel a passing of accounts if there is still no response.
- Consider mediation before litigation — estate costs come out of the estate.
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
- Succession Law Reform Act, RSO 1990, c S.26 — Government of Ontario
- Administering estates — Government of Ontario
- 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
- Canadian Legal Information Institute — CanLII
- Land lease community closure compensation residents ontario — Treadstone Law
- Surety bond cost non resident executor ontario — Treadstone Law
- Alternate executor clause avoids bond ontario — Treadstone Law
- Passing of accounts timeline how long ontario — Treadstone Law
- Emergency removal executor dissipating assets ontario — Treadstone Law
- Can executor also be beneficiary ontario — Treadstone Law
- Wills & estates practice — Treadstone Law