The alternate named in the will takes over. If no alternate is named, the court appoints an administrator.
The Canadian position
Always name at least one alternate, and ideally two.
A court-appointed administrator may not be who you would have chosen.
The Islamic position
Choosing a capable wasi is part of discharging the responsibility properly.
An unnamed alternate is an avoidable gap.
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.
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 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
- Administering estates — Government of Ontario
- Passing of accounts timeline how long ontario — Treadstone Law
- Executor personal liability in an insolvent estate ontario — Treadstone Law
- Beneficiary dispute with executor ontario — Treadstone Law
- Contesting trustee compensation ontario — Treadstone Law
- Estate property sale executor year rule ontario — Treadstone Law
- Ancillary grant foreign executor canada ontario — Treadstone Law
- Wills & estates practice — Treadstone Law