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Partial Intestacy

Where a will disposes of only part of an estate, and statute decides the rest.

Draft — pending review. This page has been prepared but has not yet been reviewed by a Canadian estates lawyer or a qualified scholar. Treat it as a starting point for questions, not as advice you should act on.

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.

Across the madhahib

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:

Important

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.