The provincial procedure for property with no owner.
In Islamic law
Parallel to the classical bayt al-mal rule, which is why the Maliki and Shafi'i positions on surplus need adapting in Canada.
In Canadian law
Where no heir can be found, property vests in the Crown, subject to a later claim process.
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:
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.
- Succession Law Reform Act, RSO 1990, c S.26 — Government of Ontario
- Trustee act creditor notice missing heir ontario — Treadstone Law
- Title insurance claim process ontario — Treadstone Law
- Wills & estates practice — Treadstone Law