Approach to Writing an Islamic Wills – The Right Way
Is Islamic Wills template being the appropriate way to make the most import document? It becomes very important to write a will if you are living in any region of the world where the law of inheritance is different from Islamic law. England is one of the biggest examples of this jurisdiction. If you are Muslim and thinking of writing a will to make sure it must follow Islamic law and all the shares must be distributed in equal quantity to the heirs, according to the rules written in Holy Quran. Furthermore, you wills can also be used to choose legal guardians for your children. Your will can also resolve the issues of your joint account if any.
Islamic wills in non-Islamic countries
In a country like America, where the law of inheritance has an entirely different concept when compared with Islamic law, two Muslim lawyers found laid the foundation of Islamic will USA. It serves American Muslims by assisting in making Islamic wills and other estate planning that act following the state. The lawyers of this forum take their time to learn and understand the financial and personal conditions of their clients, and design estate plans according to the needs of clients.
If you are a resident of America and are approaching someone for making Islamic will, then you must contact Islamic Will USA because the lawyers will assist you to;
- deciding the burial arrangements
- estimate your property and assets in your will
- Selecting a legal guardian for your kids
- Share your riches with the needy and poor according to the Islamic law of inheritance.
Templates for Islamic will and estate planning
There are websites where you can obtain your will by answering a few questions. The main difficulty with these websites is the inability to determine who the heirs will be. The identity of the heirs and their prospective shares cannot be determined. Therefore, they propose the option to attach a detailed appendix to the will setting out potential inheritance scenarios. They further propose the testator may put the assets into a discretionary trust to be distributed in accordance with a letter of wishes. That letter would state the desire of the testator that the estate is to be distributed to the heirs in the correct proportions, directing the executor to obtain advice from an expert. However, there are still several problems with this approach:
- A will is not a static document; it must be updated on an annual basis or when an important event occurs that requires changes in the will.
- Even if you attach a detailed appendix (such as that of ISNA’s Table of Mawarith), it will be extremely difficult to use it properly without introducing errors due to lack of knowledge of a person on the inheritance law in Islam.
- A “letter of wishes” is not legally binding.
- Setting up a discretionary trust is not a workable solution for most Muslims with small estates, as additional expense is not warranted.
- Lastly, the tax consequences of setting up a fully discretionary trust should be considered.
There are several Islamic wills templates available free of charge on the internet. These templates are not suitable and may have the following problems:
- No guarantee regarding the correctness of these wills or if they comply with the Islamic law of inheritance for a valid will.
- May not comply with state law for a valid will.
- Share of each heir is not calculated but rather left for someone else to determine after the death of the testator.
- In some of the wills, ISNA’s Table of Mawarith is attached as an appendix for calculation of shares. While it is comprehensive, most people may find it difficult to use it correctly.
- Bear no name of author or reference for credibility.
- Incomplete in terms of all required articles and clauses such as the religious obligations, arbitration process, etc.
- Lack punctuation and clarity.
- Not written in a legal language, which means it can be interpreted in different ways (will, shall, should, would, may, and must have been used interchangeably).
- Layout and format in unprofessional, lacking proper numbering of clauses and paragraphs.
- Absence of self-proving affidavit that can be helpful when the witnesses are not available.
You can find plenty of templates for Islamic wills, online. Making use of templates by adding names of your heirs no longer does your precise state of affairs any justice. Every circle of relative instances is special and also the edges of drafting a will might not be accomplished without consultations with people who are well aware of the Sharia laws of inheritance, and can apply them to your specific scenario. Those templates additionally might also or won’t be enforceable in court docket. You need to meet with a certified property planning legal professional for your locality to affirm your property plan complies with secular law.
- Plan and visit free consultations about will. In this process the staff of the forum asks some general questions from the clients for trying to understand their estate planning in a better way.
- The second step works on drafting the estate plans as their lawyers start evaluating the financial, patrimonial, and personal situations of their Muslim clients, after which they come up with an estate plan that is right for clients.
- The final step is based on the execution of the plan. If you ever think of consulting Islamic will USA for estate planning then they will schedule a meeting with you as soon as your documents are finalized. They have witnesses available free of cost as required by Sharia Islamic law. They will mail you your finalized files in a week or two after signing.
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