Updated: Dec 18, 2022
Creating an Islamic estate plan is one thing, but there are crucial things you need to follow to make your estate plan successful. Irrespective of the estate plan you create, it's of utmost importance that you follow these guidelines. You must not leave your conversations with your spouse as a verbal agreement even though it is valid Islamically because anyone can change their mind anytime, and different situations play a role.
A written agreement (called a Letter of Wishes) between Spousal consent on waiving each other rights may help you get away with Forced heirships, spousal right of election, and other similar issues. You may create the agreement as part of your Will or separately. If you are creating Trust, the best practice is to make it separately. You should not include such agreements as part of your Trust.
Do not leave the world to decide your affairs by simply treating a woman as your queen and a man as your King...
The key is to have an open discussion, mutual respect, and honesty among your family members. The absence of any of these would fail your estate plan Islamically. Your agreement with your spouse is necessary and mandatory; otherwise, your estate plan would become incompliant with Shariah. We are referring to the Spouse is not only the Wife but for both the Husband and Wife. Both spouses need to create separate agreements to waive each other rights.
If you create Will through our website, you will have this agreement included. Wassiyyah will provide instructions and detail to fill out through the Instructions guide.