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.
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:
- Executor access safety deposit box ontario
- Accessing safety deposit box after death ontario
- Executor personal liability ontario
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.
- Executor access safety deposit box ontario — Treadstone Law
- Accessing safety deposit box after death ontario — Treadstone Law
- Executor personal liability ontario — Treadstone Law
- Executor personal liability ontario — Treadstone Law
- Wills & estates practice — Treadstone Law