Will Writing

[جوري]

Are there any online Muslim sites for will writing?
I'd like to start working on my will and would like to do it Islamically, I have googled a little, but when I types 'will writing' most of the sites came up British.. ..

I'd appreciate the help insha'Allah

[Life_Is_Short]

Is there a certain islamic way?

[جوري]

one that covers burial and how I'd like to settle my 'estate' end of life/ advance directive type decisions ..

[Life_Is_Short]

one that covers burial and how I'd like to settle my 'estate' end of life/ advance directive type decisions ..

Well, this is covered in a normal will so you should not worry about that.
My parents have written one, if you wish, i can e-mail it to you.

[جوري]

No I don't want your parents' will, that is very private info.
just let me see a template if you can.. also doesn't a sheikh or some notary need to bear witness and sign?

[Muezzin]

Ask a local imam/sheikh/other knowledgeable person about 'Islamic probate' or 'Muslim wills'. Inshallah they'll point you in the right direction, as Google is only displaying UK sites.

[Life_Is_Short]

No I don't want your parents' will, that is very private info.
just let me see a template if you can.. also doesn't a sheikh or some notary need to bear witness and sign?

No, you can use it as a template. It covers everything that you mentioned above. I will obviously erase the names and any private information. You need to look at the content and the layout, right?

Alternately, you can pay an attorney to do it for you. They know what should be included in a will and all the legal stuff.

[جوري]

Ask a local imam/sheikh/other knowledgeable person about 'Islamic probate' or 'Muslim wills'. Inshallah they'll point you in the right direction, as Google is only displaying UK sites.

you noticed that too? sob7an Allah, people in the U.S don't want to face the inevitable..

I discovered you can put all the stuff you want and people have to comply with it.. I think in some countries in Europe in case of accidental death, they harvest people's organs unless you specify otherwise..(I am not sure about that) but it is just one more reason to have an early will...

I'll look into your recommends insha'Allah..

Alternately, you can pay an attorney to do it for you. They know what should be included in a will and all the legal stuff.

Jazaki Allah khyran.. will do!

[Danah]

I searched in Arabic and this is what I got

check this

and here is an example for writing a will

[جوري]

I searched in Arabic and this is what I got

check this

and here is an example for writing a will

yes that is exactly it.. I need it in English, plus I need the advance directive portion .. you know when people end up in hospital what their wishes are.. plus the desire to have no autopsy even if medically necessitated.. Some Muslim Lawyer should use this as a template and integrate the other very important very relevant parts...

[Danah]

yes that is exactly it.. I need it in English, plus I need the advance directive portion .. you know when people end up in hospital what their wishes are.. plus the desire to have no autopsy even if medically necessitated.. Some Muslim Lawyer should use this as a template and integrate the other very important very relevant parts...

I tried to find the English version form Islamqa before I posted my previous post but didn't find it, sorry dear. Cant you translate it to your own words?

will keep on searching though

[جوري]

I think it is best to just do it legally at this state.. there are so many finite details, like what I want to do with my massive perfume and book collection, where I want to be buried etc that can't be fit into one of those one size fits all things..

something we all should think about.. (I have been watching so many forensic files) in the evening with people dropping dead in their teens and twenties and I think no one really thinks about taking care of these things because they think it belongs to some distant future.. life is always parallel to death.. it isn't some random thing.. I have come to believe in fact that life is the exception and that death is the norm!

[syilla]

In Malaysia we have a few companies can do this for you. But you can refer below. I suggest if you can find a good muslim lawyer.

http://www.as-salihin.com/en/index.php?mid=1436

http://dragano.com.my/index.php?main...657c3b78a0dd78

http://eprints.utm.my/6399/1/MohdKam...KSG2007TTT.pdf

VII. AL-WASIYYAH – THE ISLAMIC WILL
Narrated Abdullah bin Umar: Allah's Apostle said, "It is not permissible for any Muslim who has something to will to stay for two nights without having his last will and testament written and kept ready with him." [Sahih al-Bukhari]55 In Shariah, the term Al-Wasiyyah ( وف خُ ) is used for Islamic Will, and it is very important to write one‟s will as recommended by the Prophet (pbuh). Al-Wasi ( وفً ) means executor. Al-Musi ( المىفً ) is Testator the one who made Wasiyyah. Al-Musa Lahu (المىف ) refers to the person who is the beneficiary of the Wassiyah.
What can be in bequeath/will
Shariah has placed two restrictions on Testator ( الموفٍ , one who make Will وف خُ ):
1. Firstly, to whom he can bequeath his wealth/assets - Al-Musa Lahu (المىف )
2. Secondly, the amount that he can bequeath (which is maximum of 1/3 of overall estate)
Maximum Limit of 1/3rd
1. The limit of 1/3 is based on following Hadith:
Narrated Sad bin Abu Waqqas: “The Prophet came visiting me while I was (sick) in Mecca, ('Amir the sub-narrator said, and he disliked to die in the land, whence he had already migrated). He (i.e. the Prophet) said, "May Allah bestow His Mercy on Ibn Afra (Sad bin Khaula)." I said, "O Allah's Apostle! May I will all my property (in charity)?" He said, "No." I said, "Then may I will half of it?" He said, "No". I said, "One third?" He said: "Yes, one third, yet even one third is too much. It is better for you to leave your inheritors wealthy than to leave them poor begging others, and whatever you spend for Allah's sake will be considered as a charitable deed even the handful of food you put in your wife's mouth. Allah may lengthen your age so that some people may benefit by you, and some others be harmed by you." At that time Sad had only one daughter.” [Sahih al-Bukhari]56
2. If the legal heirs of the Testator ( الموفٍ ) agrees then it is allowed to bequest more than 1/3. However, Maliki fiqh states 1/3 as absolute which cannot be overridden.
Rules for Al-Wasiyyah (وف خُ )
1. No specific wording is needed for Wasiyyah.
2. Wasiyyah does not necessarily need to be written, it can be oral, as far as there are witnesses.
3. Two witnesses are required to declare the Wasiyyah.
4. Wassiyah is paid after the funeral / burial expenses and payment of debts.
5. Wassiyah may be general or specific. E.g. 1/3 of my estate or $10,000 etc)
6. While Will complies with Shariah, it should also comply with law of the land (if its non-Muslim land) so that Will can be executed without unnecessary legal hustles.
7. In non-Muslim land, its preferred to have alternative names for Al-Musa Lahu ( المىف ) / Beneficiaries, in case no surviving heir is left at the time of deceased‟s death.
Rules for Al-Musi (المىفً )
1. Al-Musi ( المىفً ) must be an adult sane Muslim and he must have capability to make a will and he should not be under any compulsion.
2. Adult is defined in Shariah as person with clear evidence of puberty.
3. Al-Musi (المىفً ) must own what he bequests.
4. Al-Musi (المىفً ) can revoke his own will with a subsequent will.
Rules for Al-Musa Lahu (المىف ) – Beneficiary of the will
1. Al-Musa Lahu ( المىف ) or beneficiary of the will/bequeath cannot be an existing heir. This is based on following hadith:
Narrated Abu Hurairah: Allah‟s Prophet (pbuh) said: “Allah has appointed for everyone who has a right what is due to him, and no bequest must be made to an heir” [Sunnan Abu Dawood]57
2. A bequeath in favor of Christian or Jewish wife is valid, as they are not sharer in inheritance but can be given bequeath.
3. Killer is generally excluded from Wassiyyah. Hanafi fiqh said if heirs give their consent, then it is allowed. Maliki/Shafii accepted it as Hibba (gift). Hanbali fiqh said if deceased allowed the will after fatal injury and before his death, then it is allowed (possibility if it‟s accidental injury).
4. Al-Musa Lahu ( المىف ) or beneficiary must accept or reject the will after the Testator ( الموفٍ )‟s death. If he doesn‟t accept his share and dies, then share is added back into the estate (of deceased) as per hanafi fiqh
5. Al-Musa Lahu (المىف ) or beneficiary becomes owner of the share as follows:
a. Hanafi/Shafii: at the time of death of the testator
b. Malaki/Hanbali: on accepting the bequest
Rules for Al-Wasi Al-Mukhtar ( وف المخزبس ) – Executor of Will
1. The Executor ( وفً ) must be trustworthy and truthful person. He is the appointed person by the Testator (المىفً ) to execute his will.
2. Generally, in Islamic estates this will be the Qadi ( لبمٍ ), but Muslims living in west must appoint a trustworthy executor.

http://www.learndeen.com/docs/resear...e18eec82852ca7

What information is required to write a Will?

Testator’s personal details:
Full Name
Identification Card or Passport No.
Current Correspondence Address
Religion
Contact No.
Email Address
Marital Status
Gender
Fiancée details if in Contemplation of Marriage (expectance of marriage)


Executor and Trustee’s personal details:
Full Name
Identification Card or Passport No.
Current Correspondence Address
Relationship with Testator


Guardians for Infant:
Full Name
Identification Card or Passport No.
Current Correspondence Address
Relationship with Testator
Allowances to Guardian, Payment method (monthly, quarterly, yearly), Source of payment), Duration of years involved


Beneficiaries:
Full Name
Identification Card No./Birth Certificate No./Passport No.
Current Correspondence Address
Relationship with Testator


Testator's Estates/Non-Residual Gifts such as:
Immovable Properties details for house, shop house, bungalow, condominium, flat, apartment, shop, factory, office, building and land (address and particulars)

Bank Account Details
Account holder name and address (saving, current, fixed deposits)
Account No. and Safe deposit box no.

Insurance Policies Details
Insurance company name and policy no.

Shares in the Public Listed Company
CDS Account No., broking firm name and branch.

Vehicles Details
Vehicles registration no. and vehicle type (car, motorcycle, van, lorry)

Companies Details
Private limited company, unlisted company, sole proprietorship, and partnership business details.
Name, registration no., address and share holding proportion.


Unit trust/Mutual Fund and Foreign Exchange details.
Investment Bank Account Name and No. and name of fund.


Collection of jewelries, watches, bags, paintings antiques and others.



Receiver of residual gift details
Full name, proportion, and substitute receiver if the first receiver predeceased the testator.

Testamentary Trust establishment details.
Beneficiary Details
Purpose of Trust
Duration of Trust
Asset Provision for the Trust establishment
Payment Mode for the Beneficiaries

Powers to Executors/Trustees

Last words and additional instructions for family members and beneficiaries.

http://ironwills.com/index.php?optio...d=46&Itemid=48


If you register to this forum...InshaAllah you can download an example template
http://www.7cgen.com/index.php?showtopic=24668

[syilla]

I found it

www.africafederation.org/newlook/Will/WILL.doc

InshaAllah i'll be doing it too...for the sake of my children

[Muslim Woman]

related link.


Last Will & Testament Form
A sample will from the state of North Carolina (PDF format). Includes a schedule of asset distribution according to Islamic law.


Sample Islamic Will


A sample Islamic will for the state of California, outlining funeral rites, guardianship, and distribution of estate. Consult with a lawyer about how to write and execute a will in your location.

LAST WILL AND TESTAMENT

I, __________________________________________________ _______________________ presently residing at
__________________________________________________ _______________________________ county of
___________________ province of ____________________ being of sound mind and memory,
do hereby revoke any and all former Wills and codicils made by me, and do make, ordain, publish, and declare this my Last Will and Testament.

ARTICLE I:

FUNERAL AND BURIAL RIGHTS

I ordain that no autopsy or embalming be done on my body unless required by law and, without unjustified delay, my body be washed, wrapped with cloth free of any ornaments and other articles, prayed for, and then buried, which should all be done by Muslims in complete accordance with Islamic tenets.

1. I hereby nominate and appoint ____________________________________________, Residing at __________________________________________________ __________,
   to execute these and other necessary provisions for my Islamic funeral and burial.

http://islam.about.com/gi/o.htm?zi=1...a/wila0127.htm

[zuberilaw]

Assalamalaikum All!


I have an Islamic will writing website for those who live in California, at zuberilaw.com/muslimwills. I am an attorney licensed in California and have an office location in Los Angeles.

This website allows you set up an account and administer your Islamic will's for your lifetime.So for example, if you decided to change any entry on your will form, you can login to your active account and make those changes and print off your will again. You can also lock your account so no one can again access to it. We charge a small fee for this service. My office also provides signing and notary services free of charge. We also do Sharia compliant estate plans.

I can also try to answer any questions you may have regarding Islamic Wills on this board.

Thank you for your time.

Best Regards,

Saqib A. Zuberi, Esq.

[Cabdullahi]

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