Islamic Will Questions and Answers

Wassiyyah
ISLAMIC

WILLS

Questions

& Answers

Wassiyyah
ISLAMIC ESTATE PLANNING
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1. What is the aim for this Islamic Will presentation?

2. Can I create Will based on my culture, faith or wishes?

3. Why people do not have a Will?

4. Why Muslims should make a Will?

5. What are the other reasons for making Will?

6. What resources are available on your Wassiyyah for Islamic Wills?

7. What are the two key things about Islamic Wills?

8. Where do I begin with my Islamic Wills?

9. What are the types of Islamic Wills?

10.What are the Testator, Executor & Witness of my Islamic Will?

11.How do I make my Islamic Will to be legal and valid?

12.When and How to select a lawyer for creating my Islamic Will?

13.What do I need to do after creating Islamic Will?

14.When do I need to update my Islamic Will?

15.When do I not need to update my Islamic Will?

16.What else do I need to know?

17.How Wassiyyah can help?

18.Does Wassiyyah keep my personal information while I create Islamic Will?
INDEX

What is the aim of
this Islamic Will
presentation?
1

AIMING

We aim to provide one step guide on Islamic Wills to
remove the confusion many people face. We have
Learning Guides and Tools to help you understand critical
points, which will be adequate for understanding from
basic to the necessary level. Importantly, the Information
provided here is Reliable as we provide information based
on detailed research after reviewing Wills & Succession
act from jurisdictions.

Can I create Will
based on my culture,
faith, or wishes?
2

YOUR PROPERTY, YOUR WISHES

A will or testament is a legal document by which a
person, the testator, expresses their wishes, "testament"
applies only to dispositions of personal property. So it is
your estate and you would like that the wishes are
fulfilled regarding estate distribution. No country law can
restrict you from expressing your wishes with regards to
property distribution to inheritors, whether it could be
based on your culture, faith, or simply proportions.

THE ONLY EXCEPTIONS

Follow the process of estate planning, i.e., the Will
you create, must not contradict the country's laws,
acts, or legislations. For example, if you do not have
an executor of the Will but country law would require
at least one or two executors etc., then your Will
becomes invalid. The Will should not contain
something impossible to execute… For example…Do
not ever sell my house or car!

Why people do not
have a Will?
3

Too

Expensive
to make it
Low and Last
priority
comparing to
other life
goals
Not too
serious
Feel not
necessary
due to
unaware
Too much
information
to consume
Too

Complicated
because of
no clear
picture
Too busy

to spare
time
Do not
know
Lousiness

& Not
caring

MAJOR FACTORS

Take things for granted: If I do not have a Will, the country
succession law would be in effect, and all estate-related
affairs would be settled through country succession law!

Big assumption: People think that they are too young and
have plenty of time left in life despite the fact of uncertainty
about death!

Ignoring importance: Due to unknown consequences!

Take things for granted
H W
d
Hf
Hm
Wf
Wm
s
H W
d
Hf
Hm
Wf
Wm
s
Happy Family Wife dies Wife left with
$100,000 worth of
estates on her name
with no beneficiaries
allocated
It became court
matter for husband
due to lack of Will and
no beneficiaries
information on the
estates
Husband managed to
get those $100,000
after lost 10% amount
on the legal fees with
lots of efforts.
Husband managed to
get those $100,000
after lost some amount
on the legal fees with
years of efforts.
Husband is ignorant of
the Islamic law of
inheritance for paying
estates on distributing
Wife’s portion of
inheritors
d
Wf Wm
s
H
25%
27.78%
13.89%
16.67%
16.67%
Husband failed to follow the
Islamic law of inheritance
Husband realized that
he should have paid the
portion but by then
Wife parents dies and
lost chance

Why Muslims should
make a Will?
4

MANDATORY OBLIGATION IN ISLAM

Read the previous verses 11-12 of Surah An-Nisa and keep
reading until the holy Quran 4: 13 verses where it is stated,
"These are the limits (set by) Allah, and whoever obeys Allah
and His Messenger will be admitted by Him to gardens (in
Paradise) under which rivers flow, abiding eternally therein;
and that is the great attainment. And whoever disobeys Allah
and His Messenger and transgresses His limits - He will put
him into the Fire to abide eternally therein, and he will have a
humiliating punishment”. - Holy Quran Surah An-Nisa Verse
11-13 Copyright ©Wassiyyah.com

MANDATORY OBLIGATION IN ISLAM

“Ibn Umar (Allah be pleased with them)
reported Allah's Messenger (may peace be
upon him) as saying: It is the duty of a Muslim
who has something which is to be given as a
bequest not to have it for two nights without
having his will written down regarding it." -
Sahih Muslim, Book 13, Number 3987 Copyright ©Wassiyyah.com

PAY OFF DEBTS AFTER DEATH

It was narrated from ‘Aa’ishah (may Allaah be pleased with her)
that the Prophet (peace and blessings of Allaah be upon him)
used to say in his prayer: “Allaahumma inni a’oodhi bika min al-
ma’tham wa’l-maghram (O Allaah, I seek refuge with You from
sin and heavy debt).” Someone said to him: “How often you
seek refuge from heavy debt!” He said: “When a man gets into
debt, he speak and tells lies, and he makes a promise and
breaks it.” - Sahih al-Bukhaari (832) and Muslim (589).


PAY OFF DEBTS AFTER DEATH

It is stated, "O you who have believed, when you
contract a debt for a specified term, write it down.
And let a scribe write (it) between you in justice. Let
no scribe refuse to write as Allah has taught him. So
let him write and let the one who has the obligation
dictate. And let him fear Allah, his Lord, and not leave
anything out of it…” - Holy Quran Surah Al-Baqarah,
Verse 282

What are the
other reasons for
making Will?
5

YOU SHOULD MAKE A WILL BECAUSE

Guardian ship: Handling guardianship would be a major concern
if both Husband and Wife die simultaneously without Will. The
court would appoint a guardian for a child or children, which
would cost money and may not be of Testator's chosen guardian,
but simply Testator bought it due to not having Will.

Estate distribution: Estate distribution would require an executor
who would be appointed by Government and will follow intestacy
rules for estate distribution which may not have been wished by
Testator.


Court matter: All affairs would become subject to court
matter which would be time-consuming and costlier for
inheritors. Sometimes, it takes months and years to resolve
estate-related issues.

Beneficiaries: You may not have updated beneficiaries’
information on the pension plan, investments, insurances,
and properties which would create huge legal court deals for
inheritors without Islamic Will.


Relationship failure: Our financial challenges have been
increasing daily basis, which increases debt eventually. When
money becomes a matter, our internal ego comes into play
which creates unhappiness, jealousy, animosity, and hatred
among family members. People can break down verbal and
moral promises in the absence of paperwork. This creates rifts
among siblings and inheritors, which remains for centuries and
are carried over to generations. Even though you love your
spouse, children, parents, or relative but it creates relationship
failure without Islamic Will. Copyright ©Wassiyyah.com


Wrath from inheritors: Lack of legal paper will create
roadblocks to resolving the estate distribution issues to
inheritors. Everything comes down to obtaining proof
through legal paperwork processing, and Inheritors may
face disparate situations. Inheritors may express wrath
instead of giving blessing upon death which is not what
most Muslims desire and wish.


Legal obligation: You have a legal obligation to
the government. Since creating a Will is not
MANDATORY, it is considered the last priority. If
you do not have a Will, then the government will
have to take care of your AFFAIRS at your
EXPENSE, and the outcome may not be what
you wished.


Moral & Social obligation: You have a moral
and social obligation to your spouse, children,
and relatives, which can be accomplished
through making Will and MAKING EASE FOR
THEM.

What resources
are available on
Wassiyyah for
Islamic Will?
6

Wassiyyah o
ff
ers di
ff
erent types of Wills.

3 Main categories

Single country or Single Jurisdiction Islamic Will

Multi-country or Multi-Jurisdiction Islamic Will

International Islamic Will

7 Subcategories: Family Will, Surviving Husband with
Children, Surviving Husband without Children,
Surviving Wife with Children, Surviving Wife without
Children, Bachelor male and Bachelor female

Other resources available on the internet are as follows.

FREE TEMPLATES: Many people grab the free templates available online.
These templates are not up to date, do not re
f
lect the right information, are
posted for search engine optimization purposes to get the web tra
ff
ic, and
your inheritors may be in trouble for one or more missing legal requirements.

ONLINE WILLS PROVIDER: Most online Islamic Wills providers are IT
companies, and the majority of people use these online services as they are
inexpensive and readily accessible but make sure they provide what you need.
Not all providers are the same.

CONSULTING LAWYER: It is di
ff
icult to
f
ind a lawyer or attorney specializing
in Islamic estate planning. If you have large estates and businesses with
multiple partnerships, it is best to consult a lawyer.

What are the two
key things about
Islamic Wills?
7

TWO KEY THINGS

Executors’ duty: Give your executor power and rights to execute
your Will in its entirety. DO NOT LIMIT the executor's duty (unless
absolutely required) in the Will, which may restrict your Will from
being implemented. It may pose delays and incur more expenses.

Estate distribution: If your will does not provide legal terms about
estate distribution as per Shariah, then your Will is not an Islamic Will.
You cannot also say, “Distribute my estates as per Islamic Inheritance
law” without providing further details because the court in the non-
Muslim majority countries does not understand or interpret Islamic
law, and the court may reject your Will or delay approval.

Where do I
begin for my
Islamic Wills?
8

All below questions have answers on Wassiyyah.com in greater detail but
we will go through them brie
f
ly here…

What types of Islamic Wills do I create?

What are the Testator, Executors & Witnesses of my Islamic Will?
How to choose them?

How can I make my Will to be legally and Islamically valid?

When and How to select a lawyer for creating my Islamic Will?

What do I need to do after creating my Islamic Will?

When do I need to update my Islamic Will?

When do I not need to update my Islamic Will?

How do Joint assets impact Islamic Will?

How Wassiyyah can help?

Does Wassiyyah keep my personal information while I create Islamic
Will?

What are the
types of
Islamic Will?
9

Country wide
Will
Create one Will
based on the
succession law of
the country of
residence and this
is applicable if
Testator owns
estate in only one
country.
Are all countries where your estates are, part of
UNIDROIT.org convention? Visit UNIDROIT.org and
go to International Wills.
International Will
Wills created to comply under
convention in 1973 enacted
by UNIDROIT.ORG. If you
have estates in multiple
countries. If those countries
have signed the convention
then you can create one
international Will for all
countries.
Multi Jurisdictional
Will
If you have estates in
different countries or
jurisdictions then it
is suggested to
create separate Will
for each jurisdictions.
Start here… Do you have estates in multiple jurisdictions (i.e. multiple
countries, provinces or states)?
NO YES
YES NO
After selecting either of above mentioned three types of Will then choose to create Family
Will, Survival spouse with Children Will, Survival spouse Will or Bachelor Will based on your
personal situation. Copyright ©Wassiyyah.com

KEEP A NOTE

The types of Islamic Wills we mentioned are only o
ff
ered at
Wassiyyah and you may not
f
ind other Islamic Wills providers
o
ff
ering Multi-Jurisdictional and International Islamic Wills. In
fact, Wassiyyah is the
f
irst to classify these categories to
meet the need of worldwide needs of the Muslim community.
All the Wills types o
ff
ered at Wassiyyah are shariah and
legally compliant. Wassiyyah o
ff
ers complete estate plans,
including Islamic Wills, Trust or Waqf, Living Will or Medical
directive, Power of Attorney for Property, Power of Attorney for
Healthcare, Letter of Wishes, Pour-Over Will, and more.

What are the
Testator, Executors
& Witnesses of my
Islamic Will?
10

Helping Testator
while alive
Witness
Witnesses are required during
the Will creation process.
Creating Will without witnesses
makes Will to be invalid. During
Probate processing, the court
may request the Witness to
appear for validation witnessing.
Helping Testator
After death
Executor
Executors’ duty comes into
effect when the Testator of Will
dies. If there is none available
as an executor after the testator
dies, then either Wills become
invalid or the Government can
appoint an executor, which will
cost money to the testator’s
account. The executor has a
vast duty as he or she is
responsible for following word-
Testator
Testator is the
one who owns
estates and
create Last
Will

How do I make my
Islamic Will to be
Legal and Valid?
11

SIGNING ISLAMIC WILL

The minimum requirement is to sign the Islamic Will in
front of Witnesses. The testator and witnesses must be
available at the same location. All parties should be
witnessing during the process of signing the Islamic Will.
In many situations, your Islamic Will becomes legally
invalid due to not following the proper signing process.
Wassiyyah explains the detailed process through the
Instructions guide when you purchase the Islamic Wills.

WASSIYYAH’S ISLAMIC WILL

Country-wide & Multi-Jurisdictional Will: Testator signs
the Will. Two witnesses sign the Islamic Will. Public
Notary signs the Islamic Will. Testator, Witnesses and
Public notary sign the Islamic Will in the presence of
each other.

International Will: The lawyer signs as an authorized
person in addition to the above requirement, if you are
creating International Will.

When and How to
select a Lawyer for
creating Islamic Will?
12

WORTHWHILE USING A LAWYER

If you share a property with someone who isn’t your husband, wife, or civil partner.

If you want to leave money or property to a dependent who can’t care for
themselves.

If you have several family members who may make a claim on your will, i.e. a
second spouse or children from another marriage, etc.

If you have substantial assets, and your permanent home is outside the country of
residence.

lf you have business overseas or in multiple jurisdictional where the law may di
ff
er.

If you have a business with one or multiple partnerships!

If you want to create a Trust or Trusts for an e
ff
ective way of managing your assets
overseas.
If you are creating an international Will, then the lawyer must be signing the Will as
an authorized person. Wassiyyah o
ff
ers International Islamic Will and provides an
instruction guide on what to do!

PRIOR TO CONSULTING A LAWYER OR AN ATTORNEY

Ensure you consult a lawyer who is specialized not only
in estate planning but ISLAMIC ESTATE PLANNING and
expert in ISLAMIC INHERITANCE LAW. A lawyer can
help you create a plan based on your input, similarly,
while consulting a doctor for sickness, a Doctor cannot
provide e
ff
ective advice on your medication until you
explain it. So the lawyer is one of the resources you may
utilize, but you should have some background and what
to discuss with the lawyer.

RESOURCE

If you are unsure and do not know where to start!,
consider signing up free on www.wassiyyah.com
to get your FREE eBook "Beginner's guide to
Islamic estate planning.” This guide is designed
to help you make decisions.

What do I need to
do after creating
my Islamic Will?
13

SECURE an original copy of Islamic
Will into a security deposit box in the
bank, or at home.

SEND a Photocopy of your signed
Islamic Will to your close family
members and executors.

When do I need
to update my
Islamic Will?
14

UPDATE YOUR ISLAMIC WILL

When the marital status changes, i.e., new marriage or divorce

When the testator of the will dies

When the child or children are born or dies

All Executors named in the Islamic Will die, leaving no
additional executor on your Will

All Witnesses named in Islamic Will die, leaving no additional
witness on your Islamic Will. Though it is not necessary, it’s
worthwhile to update with new witnesses.

If a legal requirement changes due to the change of location,
government legislation, etc.

CHANGING YOUR ISLAMIC WILL

If you want to make a change in the existing Islamic Will,
then you would have to gather Witnesses again and sign
the Islamic Will with your Witnesses to make it a legal
document. If you have an international Will, then you may
need to involve and witnessed by a Lawyer as an
authorized person.


Since you would have a hard copy of the existing Islamic
Will, which is not editable and so, it is not practical to modify
the existing Islamic Will document, It is better that you
create a new Islamic Will rather than making modi
f
ications
to the existing Will to avoid any future confusion or
tempering by others.


If you create Islamic Wills with Wassiyyah, so use the
word
f
ile created on Wassiyyah before and modify it as
required before signing the Islamic Will with Witnesses.
While you create a new Islamic Will, it is not necessary
to use the same Witnesses or Executors. Every time
you change the Islamic Will, you would have the
opportunity to utilize either existing Witnesses &
Executors or chooses new Witnesses & executors.

When do I not
need to update
my Islamic Will?
15

DO NOT AFFECT YOUR ISLAMIC WILL

Job changes.

Property changes.

Investment changes.

Residence changes. If you are living in a country where
the laws are speci
f
ic to jurisdiction (i.e., State, Province, or
Territory), you consider changing your Will. Ensure you
choose the witnesses from the jurisdiction where you live.

Far relatives die, who is not named as immediate
bene
f
iciary in your Islamic Will!

What else do I
need to know?
16

JOINT OWNERS

Most assets, including your bank accounts, house,
lands, etc., are on Joint Tenancy which poses a
challenge for many on Shariah compliance.

Wassiyyah will guide you on organizing your assets
properly through detailed premium blog articles
available to Premium members.

How
Wassiyyah
can help?
17

Create legally and Islamically compliant Islamic Wills,
Wasiya, Wassiyya, Wassiya, Wasiyat, Wasiyat Nama,
Wassiyyat, Wasiyyat, Wasiyah, Wasiyyah, Islamic Will,
Muslim Will, Muslim Wills, or simply last Wills.

Create Jurisdiction (i.e., State, Province or Territory) speci
f
ic
Muslim Living Will, Muslim Power of Attorney for Property,
and Muslim Power of Attorney for Healthcare for Canada,
the United States, Australia, and part of Europe. Create a
country speci
f
ically for the rest of the world countries.
RESOURCES

Does Wassiyyah
keep my personal
information while I
create Islamic Will?
18

Absolutely not, We do not keep or have a track of users’
personal information. The only information you will
need to enter; is required for purchase but not your or
your family member's personal information.Wassiyyah
takes the security of personal information seriously.
PERSONAL INFORMATION

FOR INFORMATION ONLY

Canada Revenue Agency

www.canada.ca/en/revenue-agency.html

USA Internal Revenue Agency (IRS)

www.irs.gov

UK tax of
f
ice

www.gov.uk

Australian tax of
f
ice

www.ato.gov.au

India income tax department

www.incometaxindia.gov.in

China state administration of Taxation

www.chinatax.gov.cn

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