بِسۡمِ اللهِ الرَّحۡمٰنِ الرَّحِيۡمِ
FreeIslāmicWill.com© generates a simple Islāmic Will for individuals who are not liable for inheritance tax/ estate tax or other similar taxes levied on the estate of the deceased after death. For instance, in the U.K. if your estate is valued above the nil rate band, which is currently £325,000 you may be liable for inheritance tax at 40% above the nil rate band. However, taking in to account that spouses can transfer any unused NRB to the surviving spouse, transferable nil rate band (TNRB), and that you may also be eligible for the residence nil rate band (RNRB) if you pass your home or a share of it to your children or grandchildren (including adopted children, step-children or foster children), then the combined nil rate band allowance after the death of the first spouse can be up to £1,000,000 by the year 2020-2021.
The free Islāmic Will available on this website has been examined and approved from a Sharīʿa perspective by Shaikh Waquar Azeem Nadwi and Mufti Amjad Mohammed of The Olive Foundation.
If you wish to write a free Islāmic Will on line using FreeIslāmicWill.com© you will need to register and then log in using your username and password. After you have completed your Will you will have the opportunity to save your Will so as to be able to make future amendments.
If you have large amount of wealth you should seek expert advice from appropriate professionals to try to minimize the amount of tax that will be levied on your estate after your death.
Generally speaking, an Islāmic Will can only be written in countries (jurisdictions) where the testator (Will writer) has the appropriate testamentary freedom, that is to say to give away his wealth in whatever manner he wishes after his death. This generally, means, that an Islāmic Will can realistically be only written in countries where common law is practiced, such as England, Wales, Northern Ireland, Australia, New Zealand, South Africa, most of Canada, most of the States of the U.S. and some other countries. Even in some of these jurisdictions an Islāmic Will, whereby the inheritance shares are distributed according to Islāmic law can be defeated by local statute law.
In countries where civil law is practiced, such as many European countries, the legal heirs are assigned an inheritance share by law, hence, distribution of inheritance according to Islāmic law is difficult to implement by way of a Will. This is true of Scots Law which is a mixture of civil and common law. If you are unsure if Free Islāmic Will is suitable for you please consult a local legal advisor. Only use Free Islāmic Will to generate a Will if you are sure it is right for you.
Introduction
If you die without making a Will, you are said to have died intestate and your estate will be distributed according to the laws of intestacy of the country where you live. The law of intestacy is like the default Will of the deceased who did not write his own Will.
For Muslims living in non-Islāmic countries who wish their estate to be distributed according to Islāmic law, that is to say, what they believe to be the commandments of the Almighty, it is necessary to write a valid Will because the law of intestate succession (distribution of the estate of a person who dies without leaving a Will) in non-Islāmic countries is very different from the Islāmic law of succession.
The Will should comply with the law of the land so that it can be executed after a person’s death without any unnecessary legal problems.
Your Will is one of the most important documents that you will sign during your life time, it is effectively the last act of man on this Earth and its effects may last for generations to come. It is something which will affect us all at some stage in our lives. Writing your Will is a very serious matter and you should take your time and care to ensure all details are correct. If you have minor children you should decide who will be the legal guardian of your children if you were to die.
After you have drafted your Will, the signing procedure must be done according to the jurisdiction in which you live and where the Will will take effect after you die. If the signing procedure is not carried out correctly, your Will may be invalid. It is your responsibility to ensure that the signing procedure (testamentary formalities) are carried out correctly.
Information you will need to write your Will
You should have the following information available before proceeding to write your Will:
1. Your name as it appears in legal documents (passport, ID card, driving licence, bank statements, bills etc.)
2. Your full address.
3. Names and addresses of 2 witnesses (for England & Wales law) who will witness you signing your Will document. The witnesses should not be beneficiaries in your Will nor spouse of a beneficiary.
4. Names and addresses of up to 4 guardians whom you wish to appoint to look after any minor children you have. If you do not have any minor children and will not have any in the future then this is not relevant to you.
5. Details of any debts you wish to record in your Will (including any unpaid zakāh, unperformed Ḥajj, fidya, kaffāra etc.)
6. Details of any bequests you wish to make in your Will.
In traditional Islāmic law orphaned grandchildren do not inherit in the presence of a son; orphaned grandchildren though a daughter do not inherit in the presence of a son nor in the presence of a daughter. Click here for more information.
7. Decide upon which madhhab/ fiqh (Ḥanafī, Mālakī, Shāfiʿī and Ḥanbalī) you wish to apply to your Islāmic Will. It is very important to select a madhhab/ fiqh for the purposes of generating a Will which is able to withstand the scrutiny of a court of law.
If you wish to apply the Ḥanafī madhhab/ fiqh you can incorporate a detailed “Schedule of Inheritance for Islāmic Wills©” in to your Will. The “Schedule of Inheritance for Islāmic Wills©” gives all the relevant details of Islāmic inheritance law as well as details of how the shares are to be distributed according to traditional Ḥanafī fiqh . The “Schedule of Inheritance for Islāmic Wills©” is about 31 pages long and covers virtually all possibilities. By including detailed instructions as to how your estate is to be distributed it reduces the chances of any disputes arising after your death.