THE LAST WILL AND TESTAMENT OF :
(Insert your full name above)
If you want your wealth to be distributed in accordance with the Shari’a of Islaam after your death, it is essential for you to leave a Will which is valid under English Law and which expresses that wish.
Maalik related to me from Nafi’ from Abdullaah ibn Umar that the Messenger of Allah, may Allah bless him and grant him peace, said, “It is the duty of a Muslim who has anything to bequeath not to let two nights pass without writing a Will about it.”
(al-Muwatta of Imaam Maalik: 37.1.1)
Once your Will is completed, keep it in a safe place and make sure that your executors know where it is. It would also be wise to leave with your Will – but not attached to it – details of where any important documents are being kept, where any property that you own is located, and who should be notified of your death.
Once your Will is completed, it will remain valid unless and until either you destroy it intending to revoke it, or you make a new Will that revokes the old Will, or you marry or re-marry under English law – unless your Will expressly states that it is made in contemplation of that forthcoming marriage, in which case it will remain valid.
Last Will and Testament
This Last Will and Testament is made by me:
Name :_______________________________________
of: _________________________________________
_____________________________________________
I revoke all previous wills and codicils.
I appoint as executors and trustees of my Will :
____________________________________________
of : _______________________________________
____________________________________________
and b) _____________________________________
of : _______________________________________
____________________________________________
and should one or more of them fail or be unable to act, I appoint to fill any vacancy :
____________________________________________
of : _______________________________________
____________________________________________
I appoint ____________________________________________
of : ____________________________________________
____________________________________________
to be guardian of any of my children who are minors if my spouse dies before me.
In the event of any of my executors, trustees or guardians being a solicitor or person acting in a professional capacity, I hereby authorise him or her to charge and be paid from my estate all reasonable professional charges a
rising out of the administration of my estate.
I wish my estate to be distributed in accordance with the Shari’a of Islaam, following the fiqh of the madhhab of Imaam ________________________, and after all or any funeral expenses, debts, taxes and professional and testamentary expenses have been paid out of my estate by my executors, they shall hold what remains of my estate on trust to be distributed in accordance with the following provisions :
(1) As regards the one third of what remains of my estate (after all or any funeral expenses, debts, taxes and professional and testamentary expenses have been paid) which under the Shari’a of Islaam I am entitled to leave to whomever I wish (with the exception of any person who with reference to Clause 9 herein will be entitled to a fixed share out of the remaining two thirds of my estate in accordance with the Shari’a of Islaam) I make the following specific gifts and legacies :
____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
In the event of the total value of the above specific gifts and legacies amounting to more than one third of what remains of my estate (after all or any funeral expenses, debts, taxes and professional and testamentary expenses have been paid), then the above specific gifts and legacies are each to be proportionally reduced by my executors in whatever manner they in their absolute discretion think fit – so that their total value then amounts to one third of what remains of my estate – before being distributed unless with reference to Clause 9 herein all my surviving relatives entitled to inherit fixed shares in accordance with the Shari’a of Islaam agree to the above specific gifts and legacies being distributed as indicated above and accordingly to accept a corresponding decrease in the amount of their own respective shares in which case the above specific gifts and legacies shall be distributed as indicated above.
(1) As regards the two thirds of what remains of my estate (after all or any funeral expenses, debts, taxes and professional and testamentary expenses and with reference to Clause 8 herein specific gifts and legacies have been paid or distributed) which must be distributed amongst my surviving relatives in fixed shares in accordance with the Shari’a of Islaam, I would like the following specific items to go to the following relatives provided that the value of any such particular item or group of items does not amount to more than the value of the particular fixed share or shares to which any such item or group of items relates and to which any such relative or relatives is or are entitled in accordance with the Shari’a of Islaam :
____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
(2) In the event of the value of any of the above specific items amounting to more than the value of the particular fixed share or shares to which any such item or group of items relates and to which any such relative or relatives is or are entitled, then my executors are instead to allocate to any such relative or relatives whatever in their absolute discretion appears best to represent their particular share or shares in my estate unless all my surviving relatives entitled to inherit fixed shares in accordance with the Shari’a of Islaam agree to any such specific items being allocated as indicated above and accordingly to accept a corresponding decrease in the amount of their own respective shares in which case the above specific items shall be allocated as indicated above.
In the event of there being no surviving relatives who would have been entitled to fixed shares from my estate if they had survived me, which means that any residue of my estate (after all or any funeral expenses, debts, taxes and professional and testamentary expenses and with reference to Clause 8 herein specific gifts and legacies have been paid or distributed) will in accordance with the Shari’a of Islaam automatically go to the Bayt al-Maal of my community, then I give that residue to the Bayt al-Maal of my community and if there is or are one or more charitable trusts performing the functions of the Bayt al-Maal in my community, then I give the residue to :
____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
but if this gift or any part of it fails for any reason or if any other part of this Will fails for any reason then I wish the executors of my estate to hold the residue of my estate or the part of it affected on trust and to distribute it amongst those in need amongst my community as they in their absolute discretion consider and think fit, provided always that any such distribution is in accordance with and guided by the Shari’a of Islaam.
In the event of any of my children or other relatives being minors at the time of my death, I wish my executors to hold their fixed share or shares as determined by the Shari’a of Islaam on trust until any such child attains the age of ______. My trustees shall be free to retain or sell any such fixed share as they in their absolute discretion think fit and to invest the proceeds thereof, provided always that any such investment does not involve any form of usury and is permitted by the Shari’a of Islaam, and while any such child is a minor my trustees may in their absolute discretion use all or any part of the proceeds from any such sale or of the income from any such investment for the child’s maintenance, education or benefit.
I do not want my body to be subjected to a post mortem or any of my organs to be used for transplants or medical research. I wish my body to be released for burial immediately and to be given a Muslim burial, and to have my body buried in :
_______________________________________________________
Signed by me the above named testator :
_______________________________________________________
on the _________ day of ___________________ ___________
Signed by the above named testator in our presence and then by us in the testator’s presence :
Name : ___________________________________________
of : ___________________________________________
___________________________________________
Occupation : ___________________________________________
and
b) Name : ___________________________________________
of : ___________________________________________
___________________________________________
Occupation : ___________________________________________
(Note that the witnesses should not be beneficiaries)
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