A court application asking a judge to decide what an ambiguous will means. Common where a will says 'distribute according to Islamic law' without stating shares.
The Canadian position
The estate pays for it. The outcome may not be what the testator intended, because the judge is construing words rather than reconstructing beliefs.
The Islamic position
This is the concrete cost of vague religious wording. State the fractions.
If your will contains that phrase and nothing more, replace it now. It is the single most avoidable expense in this whole area.
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.
- Grewal v. Litt, 2019 BCSC 1154 — CanLII
- Wills, Estates and Succession Act, SBC 2009, c 13 — BC Laws
- Canadian Legal Information Institute — CanLII
- Canadian Legal Information Institute — CanLII
- Court order distribute missing beneficiary ontario — Treadstone Law
- Court application guardian of property ontario — Treadstone Law
- Executor removing court application ontario — Treadstone Law
- Guardian of the person court application ontario — Treadstone Law
- Wills & estates practice — Treadstone Law