Where there is no residuary heir, the surplus is returned proportionally to the fixed-share heirs under the doctrine of radd — but the schools differ on whether radd applies at all.
The Canadian position
No analogue. Canadian intestacy always allocates the entire estate, ultimately escheating to the Crown where no kin can be traced.
The Islamic position
Radd returns the surplus to the fixed-share heirs in proportion to their shares. The classical alternative directs it to the bayt al-mal, the public treasury.
The Hanafi and Hanbali schools return the surplus to the fixed-share heirs in proportion to their shares. The classical Maliki and Shafi’i position sends it to the public treasury instead — but both schools treat that as conditional on there being a treasury worth the name, which in Canada there is not.
All four Sunni schools researched and sourced. Reviewed 2026-08-19. Full positions, evidence and sources — Radd — the return of a surplus to the fixed-share heirs.
Related madhhab issue: Does a surviving spouse share in the radd?.
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 a source below. Details change — check the original source before relying on any figure, fee or legal position. Anything under “further reading” is related material, not a source for what is stated here.
- Surah an-Nisa 4:11 — shares of children and parents — Quran.com
- Surah an-Nisa 4:12 — shares of spouses and uterine siblings — Quran.com
- Surah an-Nisa 4:176 — the kalalah verse — Quran.com
- Sahih al-Bukhari, Book 85: Laws of Inheritance (Faraid) — Sunnah.com
- Sahih Muslim, Book of Inheritance — Sunnah.com
- Encyclopaedia of Islam — Brill
- Egyptian Dar al-Ifta — Dar al-Ifta al-Missriyyah
- Missing heir intestacy ontario estate — Treadstone Law
- What is preferential share ontario intestacy — Treadstone Law
- Preferential share spouse intestacy ontario — Treadstone Law
- Wills & estates practice — Treadstone Law