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ISLAMIC WILLS TEMPLATE - Dated 2006

By Jorge Rodriguez,2014-07-10 17:06
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ISLAMIC WILLS TEMPLATE - Dated 2006 ...

ISLAMIC WILLS TEMPLATE

    Email Address:

    AVAILABLE TO DOWNLOAD AT NO CHARGE FROM

    www.1stethical.com

IMPORTANT PLEASE READ THE FOLLOWING PRIOR TO

    COMPLETING THE ISLAMIC WILLS TEMPLATE

    \

    Please note this template is provided for information purposes only, and does not

    constitute financial or tax advice under the Financial Services and Markets Act

    2000. If advice is required, we strongly recommended professional guidance is stobtained and this template is not relied upon. 1 Ethical Charitable Trust will not

    accept any liability whatsoever, for any loss or any form of damages, whether

    actual or consequential, arising from any actions taken or forsaken, as a result of

    using this document. We further strongly recommend professional guidance be

    taken if tax mitigation or asset protection services are required.

If you wish to use this template, please ensure the document is duly signed,

    dated and witnessed in accordance with English Law and Shariah principles. A

    Will which is unsigned, or undated or not independently witnessed will not be

    valid. Please ensure witnesses are NOT family members, or married to family

    members, not named Executors and Trustees of the Will, or married to them, and

    finally are independent adults of sound mind.

Sections of the template which require you to add / delete specific details are

    shaded YELLOW.

    We would strongly recommend you compile a list of your major assets, and keep a copy

    of this list alongside your Islamic Will, including copies of documents such as bank

    account details, investment / share certificates, title deeds for properties etc. All these

    documents should then be safely stored with a copy given to your executors.

    stFinally, this template is designed to be used in conjunction with the 1 Ethical Charitable

    Trust’s Guide to Islamic Wills. To ensure the template is used properly, please read the

    Guide first and then refer to the template.

    Dated INSERT DATE HERE

LAST WILL & TESTAMENT

    of

    *INSERT NAME HERE*

THIS IS THE LAST WILL AND TESTAMENT of me, INSERT NAME of ADDRESS

    HERE

    1. REVOCATION

    I REVOKE all my previous Wills and testamentary dispositions.

2. DECLARATION OF FAITH

    I bear witness that there is no deity but Allah, the One, the Merciful, Almighty God,

    Creator of the heavens and the earth and all therein, God of Abraham, Moses, Jesus,

    Muhammad and all the Prophets, mercy and peace be upon them. He is the One God

    and He has no partner. And I bear witness that the Prophet Muhammad is His servant

    and His Messenger and the last of all the Prophets, mercy and peace be upon them all.

    I bear witness that Paradise is truth, and Hell is truth. And I bear witness that the

    coming of the Day of Judgement is truth, there is no doubt about it, and that Allah, Who

    is exalted above all deficiency and imperfection, will surely resurrect the dead of all the

    generations of mankind; first and last and those in between.

    This is my counsel to my relatives and friends, my Muslim brothers and sisters, and all

    those who remain after me: that they strive to be true Muslims that they submit to their

    Creator, may He be exalted, and worship Him as He alone is to be worshipped, fear Him

    and His Prophet Muhammad with a complete love that is rivalled by nothing besides

    them. Let them obey Him and hold fast to His Shariah. Let them spread and firmly

    establish His religion of Islam, and let them die only in a state of complete submission to

    His Will.

    I remind them that no man and no woman dies before their time. The exact duration of

    each life span is precisely determined before we are born, by the All-Powerful Creator,

    may He be exalted. Death is tragic only for the one who lived out their life in self-

    deception without submitting to The Creator and preparing for the final return to Him. So,

    do not preoccupy yourselves with my death, but instead make the proper preparations

    for your own.

    Maintain patience and self-composure, as the religion of Islam requires. Islam permits

    female relatives to mourn for no more than three days, although a widow is allowed to

    mourn for four lunar months and ten days, until her iddah (period of waiting) is

completed. Wailing and excessive lamentation is forbidden by the Creator, may He be

    exalted.

    Finally, I ask all my relatives, friends and all others, whether they choose to believe as I

    believed or not to honour my beliefs. I ask them to honour my instructions and wishes in

    this document and not to seek to alter or obstruct it in any way. Rather, let them see

    that I am buried as I have asked to be buried, and let my assets be divided as I wanted

    them to be divided.

    ANY SPECIFIC ADVICE TO INHERITORS CAN BE ADDED HERE

    3. FUNERAL WISHES

I direct my Executors, surviving relatives and friends to ensure that I have a funeral

    strictly in accordance with Islamic law, that must include Ghusl (washing), Janazah

    (funeral prayer) and dafn (burial). In particular I do not wish for an autopsy to be

    performed on my body, and request that my body be released for burial immediately

    upon death or as soon as is practical. I would also like to be buried in the Muslim

    Cemetery closest to the place of my death. I am aware that this is a serious obligation

    and would request that you use your best endeavours to reach agreement over the

    fundamental matters mentioned and compromise on others if you differ in opinion

    I consent to any of my body organs being removed on condition they are gifted to

    medically treat another person. (Please note scholars differ on whether organ

    transplantation is permitted or not. We advise you refer to a scholar of your own

    choosing and then decide to retain or delete this section).

    4. GUARDIANSHIP

IF my HUSBAND/WIFE (“DELETE AS APPROPRIATE”) dies before me then I appoint

    INSERT GUARDIAN1 of GUARDIAN1 ADDRESS HERE to be the Guardian of any of

    my children who are under the age of eighteen at the time of my death

5. APPOINTMENT OF EXECUTORS AND TRUSTEES

    I APPOINT INSERT EXECUTOR&TRUSTEE1 of EXECUTOR&TRUSTEE1 ADRESS and INSERT EXECUTOR&TRUSTEE2 of EXECUTOR&TRUSTEE2 ADDRESS to be

    the Executors and Trustees of this Will

IN this Will and any Codicil to it the expression “my Trustees” means the executors and

    trustees of this Will for the time being or (where the context requires) my personal

    representatives for the time being

6. RESIDUARY ESTATE

I GIVE all the residue of my estate (out of which shall be paid my funeral and

    testamentary expenses and my debts) and any property over which I have at my death

    any general power of appointment to my Trustees ON TRUST to sell call in and convert into money such parts as do not consist of money but with full power to postpone doing

    so for as long as they see fit without being liable for loss (and such estate and property

    which currently represents it is referred to in my Will as “the Trust Fund”)

7. TRUSTS OF RESIDUE

MY TRUSTEES shall hold the Trust Fund ON TRUST absolutely to be distributed and

    where relevant invested in accordance with Shariah (Islamic Law), the interpretation and

    application of which my Trustees in their absolute discretion shall determine provided

    that such distribution does not breach English Law in which case my Trustees shall

    apply such modifications as are necessary to comply with English Law

8. CHARGING CLAUSE

ANY OF my Trustees who is engaged in a profession or business shall be entitled to

    charge and to be paid for all work done by him or his firm or company in the ordinary

    course of business arising out of the administration of my Estate or handling any trust

    funds arising under my Will or the investment thereof and related matters as if he were

    not one of my Trustees but employed to act on behalf of my Trustees including any work

    which is outside the ordinary course of his profession or business and work which he

could or should have done personally had he not been so engaged and such Trustee

    shall not be accountable for any interest or commission payable to him or his firm or

    company

9. STANDARD PROVISIONS

    stThe standard provisions of the Society of Trust and Estate Practitioners (1 Edition) shall apply with the deletion of paragraph 5

NEITHER Section 33 Wills Act 1837 nor Section 11 and 22 Trusts of Land and

    Appointment of Trustees Act 1996 shall apply to this Will

    SIGNED by me on the INSERT DAY day of INSERT MONTH INSERT YEAR

………………………………………………………

    Signature of * INSERT NAME HERE*

SIGNED by the said * INSERT NAME HERE* in our presence and then by us in his/her

    DELETE AS APPROPRIATE presence

    Signature of first witness Signature of second witness

    ……………………………………………… ………………………………………………. Name ……………………………………….. Name………………………………………..

    Address …………………………………….. Address ………………………………….. ……………………………………....………. ……………………………..……………… ………………………………..……..………. …………………………..………………… ………………………………..………..……. ………………………..…………………… Occupation ……………………………….. Occupation ……………………………….

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