What should I consider to create Islamic Will to be legally and religiously compliant?

Not all time, it may restrict your wishes, but there is some provision of law that requires the reserved portions absolutely to be inherited by either Spouse, children, or parents as per country law. You would like your wishes and belief to be respected and, at the same time, do not want to violate legally. Forced heirship (or Compulsory heirs or Reserved heirs portion) usually comes into play on its own during the probate process. Still, the spousal right of an election often does not come into effect until a surviving spouse sends notice within a time frame.

If you and your inheritors are happy with your Last Will and have an agreement during your lifetime, no country law may restrict you from distributing estates as per your wishes. The problem arises when you create your Will, and your family members do not know, and they get surprised after death and they may file in the court to straighten this one out to their right according to their wishes.

Registering requirement may differ from one country or jurisdiction to another and you need to consult your local government office to find out whether you may need to register your Will or not. You must register your Will if you are creating International Will as per UNIDRIOIT.org uniform Will convention.

You should not assume that one all estate plans are same. You may have to create Trust if you have medium size to large assets and also, if you live or assets are located in Muslim minority countries. There are many world countries where you cannot create Trust. Most world countries have the Last Will legislations meaning you can create Last Will worldwide.

This is not ideal but this happens in the most Muslim's family. Your estate plan will be non-compliant if you did not communicate and set expectations and have an agreement with Spouse. What we mean is; If you have property in Joint Tenancy or Common law agreement then the property will automatically transfer to Spouse. You should have an internal agreement with your Spouse to give away 50% portion of share as per Islamic law of Inheritance while 50% being considered life time gift. This can work both ways in a family; Husband can be obliged to follow as per Wife's Will and vice-versa.

This is the most ideal way to comply with Islamic law by putting your property in a Tenancy-in-common or Community property agreement (without right of survivorship) to minimize the impact or consider Giving away lifetime Gifts.

This is not idea solution but this is the situations may take place most often. Discuss with your Spouse that children and parents have an internal consensus that if forced heirship takes place upon your death, let the government assign portions to comply legally. Later on, Family members to readjust the share by giving away or taking back the portion of the share based on the Islamic law of inheritance. This approach works because a verbal agreement is valid in Islam as long as witnesses are present and accepted with all inheritors. However, you may consult the legal firm or estate planning specialist if you are unsure how to handle this.

Wassiyyah assures that your Will created through our service, would meet all legal and Shariah requirement. For extra assurance, Review your Will with the local legal firm to ensure compliance to attain additional confidence to prevent the risk of being declared null and void.

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