Islamic Wills (Last Will & Testament)
A growing number of Muslims are beginning to realize that the distribution of their estate in accordance with Islamic law will be valid only if they leave an Islamic Will that complies both with the Islamic law of inheritance and state laws.
With an Islamic will, you can avoid unnecessary family disputes, making a will is far cheaper and can avoid a financial headache for your family. Generally, it takes a shorter time and reduced legal fees to settle an estate with a valid will. Your valid will prevent the law of intestacy and the court from assigning an executor to guard your minor children and deciding the distribution of your estate, the tight of disposing of your estate according to your own religious requirements can be exercised only by making a valid Islamic Will.
Writing an Islamic will also provide a secondary benefit to you and your family: an up-to-date record of your assets and debts for the calculation of your Zakat every year. It will be a great help later to your executor, who will need a list of your assets and liabilities.
An Islamic will that complies both with the Islamic law of inheritance and the state law will guarantee the distribution of our wealth as well as ensure that the custody of your minor children is given to the Muslim guardian appointed in your will.
A legal way to bind your will and provide guaranteed protections
- Protect Yourself
Your Islamic Will ensures your wealth is distributed in accordance with the Islamic law of inheritance. For that purpose, your trustworthy friend or relative who is appointed as the executor of our will can deal with and fulfill your last obligations.
- Protect your Family
Your Islamic will ensure your family receives their “legal Islamic share” according to the Islamic law of inheritance without the hassle or costs of the probate court deciding for you.
- Protect your children
Your Islamic will allow you to appoint a guardian for our children under 18 years of age. No one loves their children more than the parents, and if there is no valid will and last testament, the state probate court will decide who should care for minor children (it may be a non-Muslim guardian). You can choose a Muslim guardian for your children in your will and make sure they’re looked after by someone you trust.
- Protect your Obligations
Your Islamic Will includes provisions for the payment of debts and outstanding religious obligations such as unpaid Mahr (obligatory gift to wife), unpaid Zakat (compulsory charity), unperformed Hajj, Fidya (compensation for missed fasts in Ramadan), and Kuffarah (compensation for omitted acts of worship).
- Protect your future
Your Islamic will allow you to take up to 1/3 of your wealth for a bequest, investing it in Sadaqah Jariya, a charity that continues to be rewarded after death. The distribution of 1/3 of the estate is for those who are not entitled to any share, such as distant relatives, non-relatives, non-Muslims, and individuals and organizations engaged in charitable work.
- Living Trust
The revocable living trust is the best solution to comply with Islamic as well as state laws. The trust should be the beneficiary of all your assets. This will avoid the probate court. However, you must indicate in the trust documents that after your death, the assets shall be calculated and distributed as per the Islamic law of inheritance.
A trust is a common legal entity created to hold and manage assets on behalf of named
beneficiaries. The trust’s creator (called a grantor) may be the beneficiary, or the grantor may name
others to receive the assets. When a grantor puts assets into a trust, the trust—not the grantor—owns those
assets. This effectively removes them from the grantor’s estate.
Trusts are versatile. An individual can set up a trust during life (a living trust or inter vivos trust) or
through a will at death (a testamentary trust). Trusts can be revocable or irrevocable. They can meet
important needs when it comes to planning for minor children, spendthrift heirs, retirement, tax
minimization, or gifts to charity.