A missing person whose death cannot be established.
In Islamic law
Classical law sets waiting periods before a missing person is presumed dead, and their share is held in the interim. The schools differ on the period.
In Canadian law
Provincial legislation provides for declarations of presumed death, generally after seven years of absence. The estate cannot be distributed until the declaration is made.
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:
- Burden of proof in a will challenge ontario
- Risks diy online will kit ontario
- Does ontario will cover foreign property
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.
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.
- Surah an-Nisa 4:11 — shares of children and parents — Quran.com
- Surah an-Nisa 4:12 — shares of spouses and uterine siblings — Quran.com
- Surah an-Nisa 4:176 — the kalalah verse — Quran.com
- Sahih al-Bukhari, Book 85: Laws of Inheritance (Faraid) — Sunnah.com
- Sahih Muslim, Book of Inheritance — Sunnah.com
- Encyclopaedia of Islam — Brill
- Succession Law Reform Act, RSO 1990, c S.26 — Government of Ontario
- Locating wills and documents — Law Society of Ontario
- Ontario multiple wills primary secondary probate savings — Treadstone Law
- What to do if you were left out of a will ontario — Treadstone Law
- Capacity assessment will elderly ontario — Treadstone Law
- Multiple wills ontario — Treadstone Law
- Does spouse inherit if no will ontario — Treadstone Law
- Wills & estates practice — Treadstone Law