Law of Islamic wills

With proper Islamic Wills You can fulfill the distribution of your assets according to the Islamic Law of inheritance. This can be done as follows:

1. You can prepare your will and last testament which will meet both Islamic and State Laws.
2. In almost all cases, those assets that bypass the probate have a beneficiary (such as your retirements and pension funds, etc.). therefore, the assets directly go to your surviving spouse.
3. Your spouse must understand (through a supplementary agreement or a letter or wishes) that as the executor of your will, he/she will distribute your estate to your legal heirs as specified in the specified in your will. However, if your spouse is not committed to implementing Islamic law, then you need an alternative religious and confident person as the beneficiary of the bypassing properties who will implement your wishes.

To avoid the challenge by a Jewish or Christian wife in the court, the spousal right to elective share must be waived by a pre-or post-marital agreement or a disclaimer that has been specially crafted and includes particular formalities and prominently drafted language. A competent attorney will be required to draw up such a disclaimer agreement.

What should be included in Islamic wills?

The Qur’an specifies that you must distribute your wealth in a certain way when you pass away. A will is a legally binding document in which you declare your final wishes. It will enable you to:

• State your funeral and burial directive according to Islam.
• Appoint a primary executor and a backup executor (you should choose a trustworthy and responsible person for this important task).
• Give directives to pay for funeral/burial expenses and discharge your debt/liabilities and obligations.
• Appoint a guardian and trustee for your minor children.
• Specify bequests (gifts) – up to 1/3 of your net assets – to organizations and individuals who are not entitled to any share under the Islamic law of inheritance.
• Divide the remaining 2/3 to eligible heirs as per Islamic inheritance law.
• Designate two witnesses; some state requires three witnesses. The witnesses should not be those who are relatives or those receiving a share from your estate.
• You and your witnesses should sign your will in the presence of each other.
• It is not necessary to notarize your will, but it is highly recommended.
• Verify the will is accurate and free from spelling errors.
• Include a self-proving affidavit (optional) in case witnesses cannot be located or are not available on a later date

What are the requirements for a valid will according to State and Islamic laws?

A last wills and testament should be made by anyone over the age of 18; state laws also make exceptions in age if you are married, in the military, or have been legally emancipated. It avoids potential disputes or confusion regarding your estate. Parents with minor children should make a last will and testament. Because it will allow them to name a guardian for their children and have a say in how they are reared.

The court will not enforce your will unless the following criteria are met:

• Soundness of Mind: You must be of sound mind, which means:
• You understand you are making a will, and you know what a will is.
• You understand your relationship with the people mentioned in your will.
• You understand the type and amount of property you own and how you wish the distribute it.
• Free will: You must be acting of your own free will, without undue influence of duress from others.
• Witnesses and Signatures: At least two people are required to sign the will and must watch you sign the will. They can’t be related to you, and they can’t inherit anything from the will.
• Minor Children: They should be included in the will and be assigned to guardians.

In addition to these provisions, the law also requires that a will’s appearance be uniform: all important sections should be entirely typewritten or computer-generated. Although some states allow wills that are entirely handwritten, this option is not recommended. Typically, you do not have to git you will be notarized. However, you should and also you can “self-prove” you will (when allowed by your state law).

The will should also have the following Islamic requirements:

• The Wasiyyah (bequest) should not be more than 1/3 of the estate after paying all expenses, debts, and obligations.
• The beneficiaries of bequests should be non-heirs (i.e., do not receive any share)
• The remaining 2/3 of the estate must be distributed according to the Islamic law of inheritance.

If you would like to discuss making an Islamic wills or Islamic Trust, please complete our online enquiry form or callus to consult whether an Islamic will or trust is suitable you, call us at 1855-559-4557.