Islamic Will

Dear Community Member,

We would like to bring to your attention a very important matter which often gets neglected i.e. our “Will”.

“It is the duty of a Muslim who has anything to bequest not to let two nights pass without writing a Will about it” – Sahih al-Bukhari

If you die without a will, it means you have died “intestate” meaning not having made a Will before one dies.  When this happens, intestacy laws of the relevant State or Territory where you reside will determine how your estate is distributed upon your death.  Your estate includes any bank accounts, securities, real estate, and other assets you own at the time of death. 

Why Everyone Should Have a Will: 

• Preparing a valid Will is the best way to ensure that your personal effects and assets will be distributed how you want them to be rather than according to intestacy laws.
• If you die without a Will you will have no control over what happens to your assets. 
• It is likely that your bank account(s) and other assets will be frozen and there can be no transfer or dealings with your property until an administrator is appointed.
• A Will can help to avoid your family incurring considerable legal costs applying to the Court to appoint an administrator and from going through a lengthy and emotional ordeal.
• If no eligible relatives exist, your assets may be passed onto the State.
• In a Will you can specify your wishes for burial and funeral arrangements including in accordance with Islamic teachings. 
• You can appoint a guardian to take care of your children.  If you pass away and there is no surviving parent, and no guardian appointed in a Will, the State can appoint a guardian for your children. 
• You can provide for an appointor of a family trust who can control the trust after your death.   

We have contacted a Muslim Lawyer Belal Moraby who is experienced in preparing Islamic Wills in South Australia. You can contact Belal Moraby for further information and details on this topic via phone 8312 7055 or email admin@crescentlawyers.com.au                                                  

The fees for preparing Wills are $350 for a single Will or $550 for couples Wills (inc. GST).  Belal is happy to discount his fees by 10% for all SAMFS members.  This is based on ‘standard’ Islamic Wills.  For those members with family trusts or requiring complex Wills higher fees will apply but a 10% discount will still be applied. 

Disclaimer: This is an information only message for the community. SAMFS has no affiliation with the law firm in whatever capacity. You may consult with any law firm deemed suitable.