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CREATE YOUR LEGALLY AND ISLAMICALLY COMPLIANT ESTATE PLAN ON WASSIYYAH

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COUNTRY SPECIFIC

Most estate plans created on Wassiyyah’s are country specific to meet legal and Islamic compliance. Wassiyyah provides Jurisdictions (i.e., State, Province, or Territory) specific Living Will (or Medical directive) and the Power of Attorney for Canada, United States, Australia, and some European countries where the laws differ from one Jurisdiction to another. In short, whenever required, Wassiyyah provides jurisdiction-specific estate plans.

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WORLDWIDE

Wassiyyah is unique compared to other Islamic estate planning experts as it provides a worldwide solution. Wassiyyah’s team studies and research the Islamic estate planning in the light of Islam and contemporary challenges. Wassiyyah keeps the estate planning algorithm most up-to-date by continuously keeping an eye on dynamic laws worldwide.

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AFFORDABLE

Wassiyyah’s cost for an estate plan is unbeatable. You create estate plan without taking an appointment or any other hassle and still meet the legal requirements above and beyond. You can not only create an estate plan but becomes part of Wassiyyah’s family that helps you optimize your estate plan as you go during lifetime.

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ESTATE PLANNING

Wassiyyah offers exclusive BLOGS & ARTICLES on Islamic estate planning, finance, life, belief, and more. Feel free to search keywords such as legal, legality, lawyer, executor, trustee, gifts, inheritance, bequest, finance, etc. CLICK HERE for a complete keywords list.  

More questions are below for your learning on Islamic estate planning, wills, trust, living will, power of Attorney, inheritance, gifts, and more. Please leave FEEDBACK for any suggestions to add or improve content.

What is Islamic estate planning?

Islamic estate planning is the procedure of appointing responsibilities to executors (trustees, agents, etc.) for looking after affairs when a person is not either mentally capable or alive. Matters may include distributing assets (with minimum tax impacts) to inheritors within a boundary of Islam. Also, include taking care of the financial affairs at an older age when mentally or physically unable. Lastly, the end of medical life wishes to be looked after upon mental incapacity to comply with Islamic bioethics.

What is the difference a Islamic Wills created by a Muslim and non-Muslim?

 

Muslims create a Will to comply with shariah, the Islamic inheritance law, and legal laws. Non-Muslims, on the other hand, create Wills to comply with legal laws in general, except Jewish create Wills to comply with Jewish inheritance law in addition to Legal laws. Christians create Wills based on legal laws in general. Hindus who live in India create Wills to comply with Hindu Inheritance law.

Can a Will be verbal in Islam?

You can communicate your wishes verbally or write a Will in front of two witnesses as per Islamic law. However, there is no validity of verbal Will legally, and that's why you should not rely on verbal Will. Most Muslim majority countries do not allow verbal Will due to legal implications.

What is Bequest in Islam?

Typically the word "Will" refers to "Last Will." but not the "Testamentary bequest." Suppose you are referring to "Will" as a "Bequest" (which is true meaning). In that case, traditional Islamic law restricts Testamentary Bequest to one-third for the poor, needy, charity, etc. The remaining two-thirds of a total estate is distributed among Islamic legal heirs as per Muslim succession law.

What is Hiba in Islam? and are Gifts allowed in Islam?

 

Hiba is a lifetime gift you can give away to your spouse, children, parents, or relatives. In Islam, giving away gifts is one of the most meritorious acts a Muslim can do. If we refer to large gifts given to family members, it is one of the best estate planning strategies a Muslim follows for reducing estates going to Probate. If you plan to give away gifts to children, treat them equally as stated in the Hadith Book, Bulugh al-Maram, Book 7, Hadith 928.

How do Islamic Wills work?

 

Islamic will allow a testator to draft an agreement during a lifetime to distribute their estates after death in complying with sharia and legal laws. Islamic will can include two-thirds or more of total assets to be distributed to Islamic heirs, including spouse, children, parents, etc. The rest is one-third or less can be bequeathed to needy, poor, or charity.

What is the difference between Waqf and Trust?

The usage, concepts, and principles of "Waqf "or "Wakf " are limited for Muslims, but the concept of Trust is vast and can apply to any individual whether muslim or non-muslim. It may include many types of Trust used worldwide differs from one country or jurisdiction to another.

 

Can Muslims create Trust or Waqf in Islam?

Muslims can create Trust, Waqf, or Wakf in general. However, creating and maintaining Trust is more complex than Islamic Will. Laws of Trust (or Waqf) differ from one country or jurisdiction to another. Also, not all countries offer the mechanism of creating Trust. You can create many types of Trusts (besides individual or family trust) based on your needs. You should consider creating Trust, especially if you have significant personal or business assets. Trust requires more cost and effort upfront compared to Wills, but it pays off in the end if appropriately established and maintained. To know the differences between estate plans, click HERE

What are the laws of Wills in Islam?

You can communicate your wishes verbally or write a Will in front of two witnesses as per Islamic law. However, there is no validity of verbal Will legally, and that's why you should not rely on verbal Will. Most Muslim majority countries do not allow verbal Will due to legal implications.

 

Can I write my own Will in Islam?

Yes, you should write or create your own Will. Then, your will need to be converted into a legally binding document by witnessing (with a minimum of two witnesses) and consider notarizing with the public notary. Wording and clauses of Will are critical. One or more mistakes or incorrect wording can turn your Will into a nightmare for inheritors during the probating process. For more information, refer to "Choosing Witnesses and Executors."

Is making Will Haram in Islam?

 

It is not Haram but obligatory to make a Will for Muslims as stipulated in the Holy Quran and Sunnah. Your estates will not be distributed as per Islamic law if you choose not to create Islamic Will. Also, you cannot distribute assets without Will legally and considered dying intestate. Government appoints an administrator to look after who gets what based on jurisdictional law. If you do not have a Will or Trust, chances are, your estates will not be distributed as per Muslim succession rules. You can find out more; Why Muslims create an estate plan? And Do Muslims need an estate plan?) as to Why should you create solid estate plan?

 

What is difference between English and Islamic law in terms of testamentary freedom? Why should I create Islamic Will?

Under Islamic law, testamentary freedom is restricted to one-third. Also, one-third of testamentary freedom in Islam is further limited to the poor, needy, charities, etc. On the other hand, under English or American law, individuals have the total testamentary freedom to give whomever they wish. 

 

Can I create Islamic Will against Faraid?

Islamic law does not allow creating an estate plan that can bypass the Faraid, as Allah (Subhanahu Wa-ta-ala) states in the Holy Quran, Surah An-Nisa, verses 11 to 14 about expectations in following Faraid.

What happens when a person dies without Will in Islam?

Die without Islamic Wills is the most unfortunate situation a Muslim may face. Die without Will in general is die "intestate" meaning, legal laws apply with respect to the distribution of estates because the deceased did not leave a Will. The court will appoint an executor or trustee because of the absence of Wills. The court may find a relative of the deceased or someone else to look after the executor's duty. Court strongly prefers that the deceased must have a Will because it adds extra work for the court that was not intended. All of this means delays, and expenses on the deceased end. Also, it may incur non-necessary administration expenses, wealth taxes, inheritance taxes, and estate taxes depending on the country's location.

What is the Islamic Will?

The Islamic will is a legal agreement created by a sound mind Muslim (Testator or Grantor) that describes the revocation, executors' duty, assets distribution methodology (i.e., complying with Islamic Inheritance law, legal laws), and signatory for witnesses, executors, and public notary. It may also include the declaration of testamentary bequest and the guardianship of minor children. Generally, Islamic Will or Muslim Will also refers to wasiyat, wasiyyah, wassiya, wassiyya, wassiyyah etc,. However true meaning of all these is "Bequest or Testamentary Bequest" but not the "Last Will."

What are the properties do not fall under Faraid in general?

Specific properties with beneficiaries designated cannot be covered under Islamic Will and/or Trust. For example, properties under Joint Tenancy, Joint accounts, Insurance policies, Pension plans, or other investments. You need to make special arrangement for such properties in order to comply with Sharia.

Which estate planning tools are useful for estate distribution in Islam?

Islamic estate planning tools include Islamic Will (or Wassiya, Wasiya, Wasiyat) or Trust (or Waqf, Wakf), Power of Attorney, Living Will (or Health care or medical directive), and Beneficiary designations (in insurance policies, investment plans, etc.,). These are the 5 components of estate planning. According to Islamic inheritance law, Islamic Will or Trust are tools that enable the estate transfer or inheritance distribution to eligible inheritors. Power of Attorney allows someone to look after your financial affairs when you are not mentally or physically able. Living Will enables medical professionals and your loved ones, relatives, or friends to provide end-of-life care when you cannot decide for yourself due to mental incapability.  

What is Islamic estate?

 

The "Estate" is any kind and nature of assets, wealth, house, land, money, or belongings owned upon a death. Islamic estate means all legal and Halal estate owned by a Muslim upon death. According to Muslim succession law rules, an executor or trustee will distribute the Islamic estate to the inheritors after a person's death.

What are the types of Wills?

There are many types and kinds of Will that you may create. The most common are holographic or written Will. Wassiyyah offers Single jurisdictional or Single country Will, Multi-Jurisdictional or Multi countries Wills (i.e. Separate Wills for each jurisdictions), and the International Will. Refer to the Types of Islamic Wills article to learn more.

What is the difference between a Trust agreement created by a Muslim and non-Muslim?

The usage, concepts, and principles of "Waqf "or "Wakf " are limited for Muslims, but the concept of Trust is vast and can apply to any individual whether muslim or non-muslim. It may include many types of Trust used worldwide differs from one country or jurisdiction to another.

When should a Muslim create Will?

You should create Will as soon as reach the age of adulthood as per your country or jurisdictional law. Do not delay making Will before you lose mental capacity or any unfortunate life events that deteriorate your health. Refer to When should Muslims create an estate plan for more information.

What is Trust based Wills?

You can create Testamentary Trust as part of your will, that Trust-based Will to look after minor children after death. Testamentary Trust and the non-Testamentary Trust have three significant differences; First, Testamentary Trust is effective only after death. Second, it does not help minimize tax (inheritance, wealth, or estates) impact, and third, they are revocable always. Click here for more information about different estate plans.

Do Muslims have to pay Inheritance tax?

 

Inheritance tax or other similar tax (wealth tax, estate tax, etc.) upon death may impact adversely based on your country of residence. Muslims should do all legally possible to minimize taxes (inheritance, wealth or estate), i.e., create a smart Islamic estate plan. Please visit HERE to learn more about Canada, USA, Australia, USA, China & India taxes.

What is Pour-over Will?

You should update your Will when there is a change in family size or marital status but do not need to update for changes in assets, employment, business, etc. Refer to the article When should update estate plan and Islamic Will for more information

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