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Situs

The legal location of an asset, which determines whose law applies to it.

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.

The legal location of an asset, which determines whose law applies to it.

In Islamic law

Decisive for families with land in a Muslim-majority country, where local law may apply faraid compulsorily regardless of the Canadian will.

In Canadian law

Real property is governed by the law where it is located; movable property generally by the law of the deceased's domicile.

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.

Citations & sources

Every factual claim on this page traces to one of the references below. Legislation and dollar thresholds change — verify against the primary source before relying on any figure.

Canadian legislation & government
  1. Canadian Legal Information Institute — CanLII
  2. Apply for probate of an estate — Government of Ontario
  3. Estate Administration Tax — Government of Ontario
  4. Administering estates — Government of Ontario
Canadian legal commentary
  1. Multiple estate trustees all must agree to sell ontario — Treadstone Law
  2. Contested will probate ontario — Treadstone Law
  3. Challenging will after probate granted ontario — Treadstone Law
  4. Lost will probate ontario — Treadstone Law
  5. Applying estate trustee without will ontario — Treadstone Law
  6. Wills & estates practice — Treadstone Law