The estate ultimately escheats to the provincial Crown, after a search for any traceable next of kin.
The Canadian position
Provincial intestacy schemes work outward through degrees of kinship. Escheat is genuinely a last resort, but it happens.
The Islamic position
The classical parallel is the bayt al-mal. The Hanafi and Hanbali schools first extend inheritance to distant relatives; the classical Maliki and Shafi'i position sends the residue to the treasury directly.
The Hanafi and Hanbali schools admit distant kin as heirs. The classical Maliki and Shafi'i position sent the residue to the public treasury instead — but later authorities in both schools generally permit inheritance by these relatives where no functioning treasury exists, which is the situation in Canada.
All four Sunni schools researched and sourced. Reviewed 2026-08-16. Full positions, evidence and sources — Dhawu al-arham — do distant kin inherit?.
Related madhhab issue: Radd — the return of a surplus to the fixed-share heirs.
Making an Islamic will in Canada — province by province, and what makes one valid where you live →
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.
- Surah an-Nisa 4:11 — shares of children and parents — Quran.com
- Surah an-Nisa 4:12 — shares of spouses and uterine siblings — Quran.com
- Surah an-Nisa 4:176 — the kalalah verse — Quran.com
- Sahih al-Bukhari, Book 85: Laws of Inheritance (Faraid) — Sunnah.com
- Sahih Muslim, Book of Inheritance — Sunnah.com
- Encyclopaedia of Islam — Brill
- Succession Law Reform Act, RSO 1990, c S.26 — Government of Ontario
- Administering estates — Government of Ontario
- Pgt guardian of last resort ontario — Treadstone Law
- Next of kin vs beneficiary ontario whats the difference — Treadstone Law
- Public guardian trustee last resort ontario — Treadstone Law
- Intestacy and ontario family property equalization — Treadstone Law
- Wills & estates practice — Treadstone Law