Where a will disposes of only part of an estate, and statute decides the rest.
In Islamic law
A partial intestacy means part of the estate is distributed by provincial formula rather than by the shares intended — the same problem as no will at all, on a smaller scale.
In Canadian law
Usually caused by a missing residue clause or a gift that fails. The undisposed portion passes under provincial intestacy rules.
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:
- Residue clause ontario will explained
- Missing heir intestacy ontario estate
- Convert part of rrsp to rrif keep rest
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.
- Residue clause ontario will explained — Treadstone Law
- Missing heir intestacy ontario estate — Treadstone Law
- Convert part of rrsp to rrif keep rest — Treadstone Law
- Partial intestacy will doesnt cover everything ontario — Treadstone Law
- Wills & estates practice — Treadstone Law