THE RIGHT WAY TO APPROACH WRITING AN ISLAMIC WILL
Is the Islamic Wills template the best technique to create the most important document? If you reside in a world where inheritance law differs from Islamic law, you must draught a will. The United Kingdom is among the largest examples of this jurisdiction. If you are Muslim and considering creating a will, ensure that it complies with Islamic law and that all the shares are given equally to your heirs following the Holy Quran's principles. Moreover, your wills can also be used to name your children's legal guardians. If problems are with your joint account, your will can also fix them.
ISLAMIC INTENT IN NON-ISLAMIC COUNTRIES
In a country such as the United States, where the law of inheritance has a completely different notion than Islamic law, two Muslim lawyers established the basis for Islamic will in the United States. It supports American Muslims by assisting them in creating Islamic wills and other state-compliant estate plans. This forum's attorneys take the time to discover and comprehend their customers' financial and personal circumstances and tailor their estate plans to their client's requirements.
If you are a resident of the United States and are seeking assistance with creating an Islamic will, you must contact Islamic Will USA, whose attorneys will be able to assist you;
- determining the burial plans
- Value your property and valuables in your will.
- Selecting a legal guardian for your kids
- According to Islamic inheritance law, you must share your wealth with the needy and impoverished.
WILL AND ESTATE PLANNING TEMPLATES IN THE ISLAMIC CULTURE
Websites allow you to receive a last will by answering a few questions. The most problematic aspect of these websites is the inability to determine the heirs. It is impossible to establish who the heirs are and how much they will receive. Therefore, they recommend including a comprehensive appendix to the will that outlines potential inheritance possibilities. In addition, they suggest that the testator may place the assets in a discretionary trust for distribution in line with a letter of desire. This letter would express the testator's desire for the estate to be distributed to the heirs in the proper proportions and direct the executor to consult an expert. Nonetheless, there are numerous issues with this approach:
- A will is not a static document; it must be revised annually or whenever a significant event necessitates modifications.
- Even if you attach a detailed appendix (such as ISNA's Table of Mawarith), it will be extremely difficult to apply it correctly
- without creating problems owing to the lack of inheritance law expertise.
- A "letter of desire" lacks legal force.
- Establishing a discretionary trust is impractical for most Muslims with modest estates, as the added price is not justified.
- Finally, the tax ramifications of establishing a trust with complete discretion must be considered.
There are numerous free Islamic will templates accessible online. These templates are unsuitable and may have the following issues:
- There is no assurance that these wills are accurate or conform to Islamic inheritance law requirements for a legal will.
- Possibly does not conform with state legislation for a legitimate will.
- After the testator's death, the share of each heir is not determined but rather is left to the discretion of someone else.
- Lack of an author's name or a credibility reference.
- Insufficient in terms of all needed articles and clauses, including religious requirements, arbitration procedure, etc.
- Clarity and punctuation issues.
- It is not written in a legal language; thus, it can be interpreted in various ways (will, shall, should, would, may, and must have been used interchangeably).
- Lacking proper numbering of clauses and paragraphs, the layout and format are unprofessional.
When no witnesses are accessible, the absence of a self-proving affidavit can be useful.
There are numerous Islamic will templates available online. Adding the names of your heirs to a template is no longer an accurate reflection of your situation. Every circle of relatives is unique, and creating a will may not be possible without consultations with those familiar with Sharia inheritance laws and being able to apply them to your particular situation. Additionally, these templates may or may not be enforceable in court. You must meet with a licensed local property planning attorney to confirm that your property plan complies with secular law.
The three fundamental steps of Islamic Trust wills in the United States for estate planning are:
- Plan and attend will consultations provided at no cost. In this procedure, the forum staff asks clients broad questions to gain a deeper understanding of their estate planning.
- The second step entails preparing the estate plans as the lawyers begin examining their Muslim clients' financial, patrimonial, and personal situations and then coming up with an appropriate estate plan for the client.
- Execution of the plan constitutes the final step. If you ever consider contacting Islamic will USA for estate planning, they will set up a meeting with you as soon as your documents are complete. As required by Islamic Sharia law, they provide witnesses free of charge. After signing, they will mail you the completed files in a week or two.