The search for a will an executor must make — and swear to — before an estate is treated as intestate.
In Islamic law
The Islamic obligation runs the other way: the duty is on the person making the wasiyyah to keep it available. The hadith requiring a will to be 'kept ready with him' is precisely about findability.
In Canadian law
Ontario courts require an applicant for a certificate of appointment where no will has been found to swear that a diligent search was made. Practically this means contacting the deceased's lawyers, banks and safety-deposit box holders, and searching will registries. Failing to search properly is a route to personal liability if a will surfaces later.
No significant difference between the four Sunni schools is recorded on this point in the sources reviewed. 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:
- When probate avoidance loses control of assets ontario
- Estate trustee sell before certificate of appointment ontario
- Transmission application vs full probate when ontario
This entry is general information, not legal or religious advice. Inheritance turns on the exact family circumstances. Confirm Canadian law with a lawyer in your province, and any religious ruling with a qualified scholar.