What does one do If they can’t find a trustworthy executor for their wills?

Q: What does one do If they can’t find a trustworthy executor for their wills?   الجواب حامدا ومصليا ومسلما ومنه الصدق والصواب   A: One should seek to employ the services  of a competent solicitor who will undoubtedly be regulated by his/her professional body.

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Should one list items which they anticipate receiving but have not yet got ownership of in their will, under ‘assets’

Q: Should one list items which they anticipate receiving but have not yet got ownership of in their will, under ‘assets’? الجواب حامدا ومصليا ومسلما ومنه الصدق والصواب   A: One may list them as potentially receivable assets but not as current assets.  Once ownership is secured, one may update one’s will.

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If a deceased revert leaves a non-Muslim wife and a small baby, is the baby considered Muslim and therefore does he/she inherit?

Q: If a deceased revert leaves a non-Muslim wife and a small baby, is the baby considered Muslim and therefore does he/she inherit?   الجواب حامدا ومصليا ومسلما ومنه الصدق والصواب A: If the deceased revert is survived by a non-Muslim wife and a minor child, the child will be considered Muslim and will inherit from the […]

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What happens to the wealth of a revert if they leave no Muslim inheritors?

Q: What happens to the wealth of a revert if they leave no Muslim inheritors?     الجواب حامدا ومصليا ومسلما ومنه الصدق والصواب   A: A revert who leaves no Muslim inheritors may bequeath up to one third of his/her residual estate to non-Muslim relatives and friends etc.  Under an Islamic system, the remaining two thirds […]

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If the wife was made the sole beneficiary of a will in exclusion of the children, and she received the entire estate – wrongly benefiting thereof for several years, is she now required to redistribute it according to Sharī’ah given that she has learnt of her error?

Q: If the wife was made the sole beneficiary of a will in exclusion of the children, and she received the entire estate – wrongly benefiting thereof for several years, is she now required to redistribute it according to Sharī’ah given that she has learnt of her error?   الجواب حامدا ومصليا ومسلما ومنه الصدق والصواب […]

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Can one bequeath their house to a child or grandchild of theirs?

Q: Can one bequeath their house to a child or grandchild of theirs?   الجواب حامدا ومصليا ومسلما ومنه الصدق والصواب   A: The lady is entitled to bequeath up to one third of her estate.  However, she cannot bequeath to anyone who is already an heir.  As her daughter is an heir she cannot be the […]

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My father has refused to keep in touch with me since young and I have had two stepfathers since the divorce of my mother and father, who is eligible for a share in my inheritance?

Q: My father has refused to keep in touch with me since young and I have had two stepfathers since the divorce of my mother and father, who is eligible for a share in my inheritance?   الجواب حامدا ومصليا ومنه الصدق والصواب A: If you have no siblings then your father is currently entitled to two […]

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Can I inherit from a non-Muslim?

Q: Can I inherit from a non-Muslim? الجواب حامدًا و مصليًا و منه الصدق و الصواب A: There are principally two types of laws that relate to the estate of a propositus, viz. the laws of inheritance and the laws of bequests. According to the laws of inheritance non-Muslim heirs of a Muslim propositus will […]

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What is Maradhul mawt?

Q: What is Maradhul mawt? الجواب حامدا ومصليا ومسلما ومنه الصدق والصواب A: Maradhul mawt is the state wherein the dominant presumption is that death will occur and the individual dies in that same state whether this is due to illness or other reason. If an illness is not presumed to be fatal then such […]

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Can I write a Will that is clearly against Islamic principles?

Q: Can I write a Will that is clearly against Islamic principles I have read the Will guide that was sent by 1st Ethical trust. I have a some family members who need my help in writing a will as I am a professional Will Writer. However if someone , who is a Muslim, does […]

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Does the family house have to be sold when the husband or father dies?

Q: Does the family house have to be sold when the husband or father dies? In a typical family with a husband, wife and some immature children living in a house, how should the house be distributed if the husband dies? Surely it would be too difficult to tell the widow and her children to […]

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