How to Ensure Your Will Is Legal – IslamicFinanceGuru

How to Ensure Your Will Is Legal – IslamicFinanceGuru Featured Image

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Isma'il Mustafa

Isma'il Mustafa

Wills & Operations Associate

There are a few legal points to outline to create a valid and legal will.

  • Read through your will carefully to ensure that everything in there reflects your wishes. If you have made your Islamic will with us, we are always open to enquiries and will be happy to help if there is something you are not sure about.
  • Bind (stapling is sufficient) your Will so that your Will is one complete document.
  • If you are reaching an age where your memory, mental health or decision-making may be called into question, it is best to leave no room for doubt regarding your capability or intention in making your will. Make sure that you confirm with your witnesses that you understand the contents of the will and are freely entering into it without external influence.
  • Choose witnesses that are neutral and trustworthy so that they will be above suspicion of influencing your decisions and their testimony will be indisputable. This will be helpful if any relatives protest something in your will or there is reason for the courts to doubt the validity of your will.
  • Anyone can be a witness- including your executors- with the exception of your beneficiaries, the spouses of beneficiaries, and the blind. If a beneficiary witnesses the will, their share of the inheritance will be cancelled.
  • The place where you sign your will should be free from distractions and your witnesses should both be present and paying attention. Your witnesses should see you signing the will and also see each other witnessing the event. They will then sign the will to confirm that they have witnessed your signing with the intention to give effect to the contents of the will.
  • IFG wills, like most wills, have a signature page towards the end of the document. You can also put your signature on each page to indicate that you have read and are satisfied with the contents- this is not necessary but is an extra step to making your will airtight!
  • Finally, store your will somewhere secure where your executors know they can retrieve it. Any damage to the Will can cast doubt on its validity.

This article is part of our Islamic Wills FAQ series.

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Ismail is a Wills Associate and Team Lead at IFG Ismail is a Wills Associate and Team Lead at IFG