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Probate

Court confirmation that a will is valid and that the named executor may act.

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.

Court confirmation that a will is valid and that the named executor may act.

In Islamic law

No Islamic equivalent — probate is purely procedural. It does not change who inherits; it authorises someone to gather and distribute. A faraid distribution is carried out through it, not despite it.

In Canadian law

In Ontario the document is a Certificate of Appointment of Estate Trustee. Banks, land registry and investment firms typically require it before releasing or transferring assets. It carries Estate Administration Tax, roughly 1.5% of estate value above $50,000, with no tax on the first $50,000.

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.