It has been narrated by ‘Abdullah bin ‘Umar (RA) that Allah’s Messenger ﷺ 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 Bukhari]
WHY MAKE AN ISLAMIC WILL?
#1 TO FULFIL AN IMPORTANT RELIGIOUS DUTY
If you die without leaving a Will you are deemed to have died ‘intestate’ and so your wealth will be distributed in accordance with the US rules on intestacy – which do not apply the same criteria as those laid down by the Shari’a.
#2 IT GIVES YOU PEACE OF MIND
Ensuring that your wishes are followed avoiding unnecessary family disputes after you have passed away.
If you have children under the age of 18, and you and your spouse should die, then the courts may take the decision as to who looks after them. By appointing legal guardians in your Will you can ensure that this doesn’t happen.
#3 IT MAKES FINANCIAL SENSE
- It’s a quick and simple process to make a Will and it’s relatively inexpensive too!
- Making a tax efficient Will can save on the amount of Inheritance Tax your family may have to pay after you die.
- In the event of dying intestate, your family will have to apply to the courts to administer your estate – a far more lengthy and costly process than if you had written a Will.
#4 IT GIVES YOU THE OPPORTUNITY TO HELP THOSE LESS FORTUNATE
By leaving a gift in your Will to a charitable cause – it helps not only the beneficiaries, but can help you too – for sadaqa jariya (ongoing charity) is an action that continues to be rewarded after death.
You may download the Generic Islamic Will below and get it checked over by your attorney.
Disclaimer: Any person benefiting from the Will Template below acknowledges that “NICSA” is independent and not related to said Template and any outcomes that may occur out of it and cannot be held liable in any way, shape or form for any issues or claims that may arise.