The clause disposing of everything not specifically given away. Without it, whatever is left passes on a partial intestacy.
The Canadian position
Missing residue clauses are the single most common defect in template wills.
Faraid shares are naturally expressed as fractions of residue.
The Islamic position
The fixed shares apply to the net estate after funeral expenses, debts and any bequest capped at one third.
Where a Canadian mechanism has no classical counterpart, treat it as a contemporary question for a scholar rather than assuming an answer.
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.
- Succession Law Reform Act, RSO 1990, c S.26 — Government of Ontario
- Administering estates — Government of Ontario
- Partial intestacy will doesnt cover everything ontario — Treadstone Law
- Residue clause ontario will explained — Treadstone Law
- No contest clause in terrorem ontario wills — Treadstone Law
- Missing heir intestacy ontario estate — Treadstone Law
- Wills & estates practice — Treadstone Law