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.
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
- Canadian Legal Information Institute — CanLII
- Life insurance rrsp bypassing probate ontario estate planning — Treadstone Law
- Choosing estate trustee ontario — Treadstone Law
- Objecting estate administration tax assessment ontario — Treadstone Law
- Estate trustee selling below market value beneficiary recourse ontario — Treadstone Law
- Estate trustee during litigation ontario — Treadstone Law
- Do small estates need probate ontario — Treadstone Law
- Wills & estates practice — Treadstone Law