Islamic Wills

 

We are able to offer you an Islamic Will that enables you to distribute your estate in accordance with Islamic requirements and that is also legally valid in Australia.

Our Islamic will has been prepared by Imran Khan who was one of the first people in Australia to offer Islamic Wills.

After recognising there was no product available to Muslims to enable them to fulfill their Islamic obligations Imran set out to develop an appropriate document that would allow Muslims to ensure their inheritance was divided up in a way that not only fulfilled their religious requirements but that was also compliant with Australian laws.

Imran has previously prepared over 1,000 Islamic Wills over the last 10 years and is a recognised expert in the field having delivered many talks on the topic. You can therefore be assured that your will is legally valid and also complies with Islamic Laws of Inheritance.

Get your Islamic Will online. Click this link to be taken to the Application form page.

A will is a legal document which sets out how you want your assets to be divided up amongst your beneficiaries (people who inherit from you) after you die.

In Australia if you die without a will then the laws determine who gets what from your estate. in most cases your spouse and/or children will inherit. However, you do not have any say in deciding who inherits what unless you have prepared a will. Therefore, if you wish to decide how your assets will be divided up after you die then you should have a will prepared. This is vital if you are Muslim so you can ensure your assets are divided up in accordance with your Islamic obligations and requirements

Under normal wills in Australia you are able to decide who inherits what. You can give all your estate to a particular person and refuse someone else from inheriting if you wish.Our Islamic Wills ensures your assets are divided up in accordance with Shariah. This is done by ensuring the following takes place:

  1. The wills details how you are to be buried ensuring that your burial is done in accordance with Islamic requirements
  2. All your debts and expenses are to be paid before any inheritance is distributed. This includes both legal debts and Islamic debts such us unpaid Zakat
  3. You then have the option of bequesting (gifting) up to a maximum of 1/3 of your estate. This is not compulsory and you can give less than 1/3 or none at all if you wish
  4. Your remaining asssets are then distributed amonst your surviving relatives in accordance with the Mawarith schedule
  5. As noted from the summary above the Islamic Will is very detailed and structured to ensure it meets your Islamic obligations.

Yes. Under Australian laws you are able to decide how you want to divide up your estate. It doesnt matter how your estate is divided. As such, as long as you have a will which sets out how you want to divide your estate and it has been properly signed then it will be valid in Australia.The Islamic Will we prepare dictates who gets what but instead of allowing you chose this it is fixed in accordance with the Mawarith Schedule with you having discretion for up to 1/3 of your estate. Because it sets out how your estate is to be divided there is no conflict with Australian laws and it will be legally valid.

Our Islamic Will divides your estate in accordance with the Mawarith schedule. Under this schedule different people will get differing amounts depending on which other relatives are alive at the time of your death.The link below provides a calculator where you can enter your family situation and it will calculate how your estate would be divided. (Please note that this is link is provided as a guide only. We do not guarantee the accuracy of the calculator, nor do we endorse the content of the link)

www.islamicsoftware.org/irth/irth.html

The executor is the person responsible for distributing your estate in accordance with your Will. They must gather all your assets and then arrange for them to be distributed in accordance with what is set out in your will.Anyone can act as executor as long as they are over 18 years of age. This can include your spouse, children parents, friends or relatives.

For an Islamic Will it is recommended that you appoint as your executor someone who knows your personal family situation as they will need to identify which relatives are alive at the time of your death in order to determine who gets what from your will.

You only need to have one executor. However, because peoples circumstances can change, the person who you nominated now to be executor may not be able to act as executor after you die. We therefore recommend that you have at least 2 executors so there is a “back up” executor.You can always redo your will to change who you want to act as your executor.

You are able to include in your wills details as to who you wish to be legal guardian for your infant children. By default your partner will be the guardian but if you don’t have a partner then you can nominate someone else to be the legal guardian.The nomination by you in your will is not legally binding and if someone else wants to be the legal guardian they are able to make an application to the Family Court. The Court will then decide who should be the legal guardian after weighing up what is in the best interests of the children. In doing this the court can take into account what your wishes were as to who you wanted to act as legal guardian for your children.

The cost for a standard Islamic Will is $330. If you need to get 2 wills for a husband and wife then we offer the wills at the discounted price of $550 for both wills

Once you have made a will it will remain legally valid even if you change address or have children. the only time your will becomes legally invalid in Australia is if you get married or divorced. In these circumstances you would need to redo your will.Of course you can always redo your will if you want to change the details in the wills such as your executor, guardian or the bequests you had.

Our Islamic Will has been reviewed by a number of Sheikhs and Imaams from Mosques all over Wollongong and Sydney. It has also been reviewed by the scholars at Daar Aisha Sharia College in Lakemba and GIYC in Liverpool to ensure it complies with Islamic Rules of inheritance. You can therefore be satisfied that it is fully compliant with all Islamic requirements.We are happy for you to have our will reviewed by your own sheikh/scholar if you wish to do so to ensure its Islamic validity.

The following steps must be completed in order to obtain an Islamic Will:

  1. Submit the Application form at the top of this page
  2. Once we have received your information we will prepare your will
  3. We will then send you a copy of your will along with detailed signing instructions and the appropriate invoice
  4. Once you have signed your will correctly it will be legally valid
  5. You should then store your will in a safe place and inform your executors that you have made a will and nominated them as executors and also inform them as to the location of your will
  6. After you pass away your executors will need to locate your will and then arrange for your assets to be distributed to your beneficiaries in accordance with your will.