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Ancillary Probate

A second grant needed where the deceased held property in another province or country.

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

A second grant needed where the deceased held property in another province or country.

In Islamic law

Common for Canadian Muslim families holding property abroad — and a frequent source of conflict where the foreign jurisdiction applies its own compulsory inheritance rules.

In Canadian law

Land is governed by the law of the place where it sits, so foreign or out-of-province real estate usually needs its own grant.

Across the madhahib

We have not yet researched whether the four Sunni schools differ on this term, so we are not going to tell you either way. Where a specific case turns on it, ask a qualified scholar rather than relying on a general summary.

Canadian legal detail

Treadstone Law, an Ontario firm with a wills and estates practice, covers the Canadian side of this in more depth:

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
Further reading — Treadstone Law
  1. Ancillary probate foreign property ontario estate — Treadstone Law
  2. Ancillary grant foreign executor canada ontario — Treadstone Law
  3. Probate out of province will ontario — Treadstone Law
  4. Probate real estate ontario land transfer estate — Treadstone Law
  5. Wills & estates practice — Treadstone Law