Islamic Will's Executor's dilemma and remedy

Updated: Jun 30, 2023

Becoming an executor of an Islamic Will or Muslim Will is one of the most significant life commitments, and most of the time, we do not have a choice to accept it, for example, in the case of a Spouse. Being an executor, you do your homework before committing. It poses more challenges when you are an executor of your relative or a friend who is very far away.

Executor's challenges

You are an executor but you have never been communicated by a Testator of the Will that you are an executor.

  • You are not fully competent for carrying duties as an executor.

  • You are too old to carrying out affairs as an executor.

  • You are not good at carrying out official affairs and not a good computer literate that you may face with situations where you will have to do lots of work that involved computer skills.

  • You are fully capable, but due to the amount of estates and the work require to accomplish the affairs are overwhelming.

  • You are fully competent but you do not have a time due to your personal challenges including not getting leave from employer, your family member is sick or disable that you can leave them alone etc.

  • You do not have money that you can spend for travel, carrying out affairs which require some pocket money or for temporary living.

  • You and the inheritors do not have good terms, meaning you will be facing some roadblocks, arguments or concerns during estate distributions as in one or more scenarios, he or she should not be agreeing what you would like to do as per last Will.

  • You and Testator did not have a good term and so, what you feel is doing the work for the sake of it due to lack of satisfactions or filling with anger about the deceased person who was not in the line of your thoughts and there were so many personal, social or cultural disagreements.

  • Executor updated Will multiple times by keeping you as an executor without informing you.

  • Testator chose an executor who is living far away distance from where the Testator lives and so, in case of Testator dies, he or she has to travel on long distances, far away by leaving work or business on short term leave for carrying out affairs.

  • Executor will be visiting areas and communicating people that he or she may have never faced before for completing affairs including death certificate, completing funerals, facing probate, engage in estate distributions etc.

  • Executor sometimes does not find any documents including last Will, Bank information where the accounts are located or employer information of a deceased.

  • Testator left with debt which lives in the shoe of very bad situations where you can not do much as an executor rather than getting agreements from inheritors which may be the biggest concern in current time due to everyone is facing economical challenges and filled with loans, credits or mortgage debts.

  • Testator left with debt but have the adequate money to pay off debt and one good news is you may be able to carrying out affairs but you need time and energy.

  • Testator left debt and no options than leaving the assets for foreclosures which really gives the executors and inheritors in a situations where there is no way further.

  • Testator made a last Will and did not cover the executor's expenses in the Will and so, as an executor you will be doing all affairs and volunteering for free.

  • Testator left a Will which has wording makes complications legally and impossible to do the executions on some of the clause mention in the Will such as give my property to pat, give my property to charity which inheritors do not agree and clashes happen.


 

Remedies of making easy for an executor

Usually, people think that they do not have to deal with this dilemma as an executor which is totally not true as you are the first executor for your spouse and there is no guarantee who is leaving firsts. So, you feel two roles either a Testator for your Will or an executor for your spouse or relative or friend Will. You can not deny if your brother, sister or parents may choose you as an executor.

  • You as a Testator, do not delay your estate plan.

  • You as a Testator, one of the best gifts you may give is have a smart estate plan that provides seamless execution of your Will.

  • You as a Testator, one of the due diligence you can do in your life to be debt free by not letting your self in the more liabilities of loans, credits or mortgages. By doing so, you not only fulfill your social or moral obligations but religious and legal as well.

  • You as a Testator, one of the smart thing you can do, is have a ready all estate planing needs through transparent communications between yourself, executors and inheritors.

  • You as a Testator, have the last will created which is the first step and you also, consider creating Power of Attorney, Living Will, Family tree and Assets list. You may consider creating Trusts especially if you have a large estates and have disability in one or more of family members.

  • You as a Testator, update your Will as required for many situations such as in case if new kid born or dies, marital status change, the residence change outside of local jurisdictions (Country, State, Province or Territory) or in case if one or more beneficiaries, executors or witnesses die who were part of your last Will.

  • You as a Testator, optimize and fine tune your estate plan over the lifetime so that the execution goes very smooth.

  • One of the most difficult task is to make everyone happy in terms of financial and estate planning. Do your best to achieve excellence during lifetime otherwise, you will be facing inheritors choosing you as a bad example up on death and will be sending curse instead of blessings.

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