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What is an affidavit of diligent search?

Sworn evidence describing the search made for a will, required before a court will treat an estate as intestate.

This is legal information only. For advice on your own circumstances, speak to a lawyer.

Sworn evidence describing the search made for a will, required before a court will treat an estate as intestate.

The Canadian position

Sworn evidence describing the search made for a will, required before a court will treat an estate 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.

Note

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.

Canadian legislation & government
  1. Locating wills and documents — Law Society of Ontario
  2. Apply for probate of an estate — Government of Ontario
  3. Estate Administration Tax — Government of Ontario
  4. Estates Act, RSO 1990, c E.21 — Government of Ontario