Guide To Writing an Islamic Will

Sample of an Islamic Will

Text Box:
SPOUSeE

In the Name of God, the Beneficent, the Merciful

This is the last Will and Testament of (name)………………………..…………………………

currently residing at (full address) …………………………………………………………..

made on (date)………………………… …………………………………………..

I hereby revoke all my former Wills, Codicils and Testaments made by me and declare this to my last Will.

I testify that I am a practising Muslim of the Shia Ithna Asheri faith believing in one God, His Prophets – the last of whom is Muhammad (S.A.W.) and the institution of Imamate with the Imam of the time being Imam Muhammad Al-Mahdi (A.S.).

Being a Shia Ithna Asheri Muslim, I hereby declare the administration and devolution of my estate be governed by Islamic Law of Succession and Inheritance as followed by Muslims of the Shia Ithna Asheri Sect.

I APPOINT[^1] (name)………………………..………………………………………..

currently residing at (full address)  ………………………………………….………

and (name)………………………..………………………………. ………………..…

currently residing at (full address) ………………………………………………………

to be the joint Executors and Trustees of this my last Will and Testament[^2] . BUT IF anyone or more of the above named persons should refuse to act, die before me, or die before the trusts hereof have been fully performed, then I appoint

(name)………………………..………………………………. currently residing at (full

address)…………………………………………………………………………………..

to be the Executor of my Will and Testament in the place and stead of anyone or moreof the above named persons, and the expression “my Trustee”, used throughout include the Trustee for the time being, whether original or substitutional.

I GIVE, DEVISE AND BEQUEATH all my real and personal property of every nature and kind, wheresoever situated, inclosing my property over which I may have a general power of appointment, to my Trusteesupon the following trusts , namely:

subject to my express direction to the contrary, to use their discretion in the realisation of my estate with the power to my Trustees to sell, call in or convert into cash at any time they see fit, either for cash or credit, or part cash and part credit as my Trustees may in their absolute discretion decide upon, and my Trustees shall not be held responsible for any loss that may happen to my estate by reason of their so doing;

to pay my just debts (as listed in Codicil II), funeral and other testamentary expenses, all succession duties, inheritance and death taxes, and all expenses necessarily incidental thereto, to be paid and satisfied by my Trustees as soon as is convenient after my death; to collect all my debts and outstanding property(as listed in Codicil III) and to return the property (Amanat) that I have of others (as listed in Codicil II);

to pay such religious taxes (like Khums, Zakat, Kaffara, Hajj, etc – as listed in Codicil II) and other expenses for hiring people to do my Qaza prayers and fasts, any expenses of Khums should be paid to: my local Jamaat (…………….…………), the Africa Federation, NASIMCO, Council of European Jamaats, Council of Gujurat, the World Federation or Wakeel (name) ……………………………. of the Marja’e Taqleed**(please select one option)** ;

that all my clothes, jewellery (other than those kept for investment purposes), ornaments which have from time to time been made and given to my parents, my wife and to my children which are in their possession or are kept in the family safe or in the safe deposit vault are their absolute property respectively and do not form part of my estate, and the Trustees have no right over such property;

to pay the below amount to the respective heirs as outlined in the Islamic Law of Succession and Inheritance followed by the Muslims of the Shia Ithna Asheri sect, after incurring all customary and adequate expenses of my funeral and all expense  from 5.a. to c. above, and then to distribute the balance of my net estate in the manner laid down hereunder;

One third of my estate, which I can distribute as per my wish should be distributed as follows:

………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………

Two-thirds of my estate, which will be distributed according to the ratios set out in the Islamic law of Inheritance and Succession as followed by the Muslims of the Shia Ithna Asheri sect, and I declare that the below named are my only lawful heirs at present:

My wife/wives[^3] /husband: (name(s))…………………………………

My father (name) …………………………………

My mother (name)…………………………………

My son[^4] [^5] (s) (name) …………………………………

(name) …………………………………

(name) …………………………………

(name) …………………………………

(name) …………………………………

My daughter(s) (name) …………………………………

(name) …………………………………

(name) …………………………………

(name) …………………………………

(name) …………………………………

to appoint successor(s) and/or assistant(s) of their own choice and also to seek help from any quarters (even professional) for the purpose of the administration and execution of my estate;

to apportion for themselves, their successor(s) and/or assistant(s) a just and reasonable remuneration for their services out of my whole estate prior to the distribution of the same.

The share of each child(ren) of mine as determined above shall be paid or transferred to such child(ren) of mine, if he or she is over the age of 18/21**(please tick one)** at the time of my death, for his or her own use absolutely. If however, any child(ren) of mine, whether male or female, is under the age of 18/21**(please tick one)** at the time of my death, my Trustees shall hold and keep the invested share of the such child(ren) of mine and use the income from such for maintenance, education and benefit of such child(ren) of mine until he or she reaches the age of 18/21**(please tick one)** , at which time my Trustees shall pay or transfer the amount remaining of the share of such child(ren), if any, to such child for his or her own use absolutely.

I nominate, constitute and appoint

(name)………………………..……………………………….

currently residing at (place) ………………………………..

to be the guardian[^6] of my minor children. I direct the guardian of my minor children to raise them as Muslims according to the rules, customs, and teachings of the Shia Ithna Asheri sect of Islam.

In the event that any of my heirs should predecease me, then my estate should be divided among my remaining heirs according to (3) above.

It is my most earnest request to all my heirs that if any differences of opinion should arise between them as regards any of my assets whatsoever or as the ownership, character, value or otherwise, of the same or as to the meaning or true interpretation of anything contained in my Will, or Codicils, thereto, they shall on no account have to resort to any Court of Law whatsoever. They should settle it amongst themselves first, if not, then with the Trustees of this Will and if not, then with the Managing Committee of their resident Jamaat and/or their Regional Federation, and if not, then as a last and final option they should take the matter to the living Marja’e Taqleed and accept whatever decree follows.

In witness, whereof I, the said (your name)

have signed my name on this (date).........................................................

Signed by the said ....................................................................................

Signed by the Testator and published and declared as his last Will and Testament, in the presence of us both present together and in his presence and in the presence of each other have hereunto subscribed our names as witnesses. (The witness can be the same person as the Executor/Trustee.)

Signature of Witness …………………………. Signature of Witness ………………………….

Name: ………………………………………….. Name: …………………………………………..

Address: ……………………………………….. Address: ………………………………………..

……………………………………….. ………………………………………..