The tenancy generally ends or transfers under provincial residential tenancy law, and the estate remains liable for rent until it is properly terminated.
The Canadian position
Notice requirements are provincial. The estate is responsible until the tenancy legally ends.
Clearing the unit before the will is found risks destroying the original document.
The Islamic position
Rent owing is a debt of the estate, ahead of the shares.
Search the unit for the will before anything is removed.
All four schools work through the estate in the same order: the cost of preparing and burying the body, then debts, then bequests up to one third, and only what is left is divided by the fixed shares. The disputes are not about the sequence but about two rankings inside it.
All four Sunni schools researched and sourced. Reviewed 2026-08-19. Full positions, evidence and sources — The order of payment out of an estate.
Making an Islamic will in Canada — province by province, and what makes one valid where you live →
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.
- 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
- Poa personal care and residential tenancy ontario — Treadstone Law
- Severing joint tenancy without notice separation ontario — Treadstone Law
- Wills & estates practice — Treadstone Law