Evidence supporting an executor's affidavit of diligent search, demonstrating that a registry was checked before the estate was treated as intestate.
The Canadian position
Evidence supporting an executor's affidavit of diligent search, demonstrating that a registry was checked before the estate was treated as intestate.
Provincial law governs administration, so confirm the position where the estate will actually be administered.
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 qualified scholar.
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
- Locating wills and documents — Law Society of Ontario
- 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
- Eat payment before probate certificate issued — Treadstone Law
- Valuing estate assets for probate ontario real estate investments — Treadstone Law
- When does estate trustee need a bond ontario — Treadstone Law
- Bank requirements beyond probate certificate ontario — Treadstone Law
- Notice to beneficiaries ontario estate trustee obligations — Treadstone Law
- Small estate certificate real estate ontario — Treadstone Law
- Wills & estates practice — Treadstone Law