Home  ›  Ilm Hub  ›  Glossary  ›  Probate
Ilm Hub

Probate

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

This is legal information only. For advice on your own circumstances, speak to a lawyer.

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

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:

Note

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.

Further reading — Treadstone Law
  1. What is certificate of appointment estate trustee — Treadstone Law
  2. What is certificate of appointment estate trustee ontario — Treadstone Law
  3. What assets included in ontario probate estate value — Treadstone Law
  4. Certificate of appointment vs letters probate ontario — Treadstone Law
  5. Wills & estates practice — Treadstone Law