No statute created one. Wills are located through lawyers, banks and private registries, which is precisely the gap that leaves.
The Canadian position
No statute created one. Wills are located through lawyers, banks and private registries, which is precisely the gap that leaves.
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
- Succession Law Reform Act, RSO 1990, c S.26 — Government of Ontario
- Administering estates — Government of Ontario
- Probate avoidance family conflict risk ontario — Treadstone Law
- Appeal probate decision ontario — Treadstone Law
- Probate with will vs without will ontario differences — Treadstone Law
- Estate trustee refuses to sell beneficiary remedy ontario — Treadstone Law
- How is ontario probate fee calculated — Treadstone Law
- Challenging estate trustee appointment ontario — Treadstone Law
- Wills & estates practice — Treadstone Law