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What is ancillary probate?

A further grant required where the deceased held property in another province or country, because land follows the law where it sits.

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

A further grant required where the deceased held property in another province or country, because land follows the law where it sits.

The Canadian position

A further grant required where the deceased held property in another province or country, because land follows the law where it sits.

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. Anything under “further reading” is related material, not a source for what is stated here.

Canadian legislation & government
  1. Apply for probate of an estate — Government of Ontario
  2. Estate Administration Tax — Government of Ontario
  3. Estates Act, RSO 1990, c E.21 — Government of Ontario
  4. Canadian Legal Information Institute — CanLII
Further reading — Treadstone Law
  1. Ancillary probate foreign property ontario estate — Treadstone Law
  2. Probate required ontario when — Treadstone Law
  3. What is probate ontario is it always required — Treadstone Law
  4. Which province issues primary probate grant ontario — Treadstone Law
  5. Wills & estates practice — Treadstone Law