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.
Making an Islamic will in Canada — province by province, and what makes one valid where you live →
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