Making a Will

When should I write my will? As soon as possible. In sound mind.

• “It is not permissible for any Muslim who has something to will to stay for two nights without having his last will and testament written and kept ready with him.” ± Prophet Muhammad (Sahih Bukhari)

How much wealth can I will?

A will can only be for up to 1/3rd (33.3 ) of the wealth

• Narrated by Saad bun Abu Waqqas (RA): The Prophet came visiting me while I was (sick) in Makkah. He (Prophet) said, “May Allah bestow His Mercy on Ibn Afra (Saad bin Abu Waqqas). I said, “O Allah’s Messenger! May I will all my property (in charity)?”

He said, “No.” I said, “Then may I will half of it?” He said, “No”. I said, “One third?” He said, “Yes, one third, yet even one third is too much. It is better for you to leave your inheritors wealthy than to leave them poor begging others, and whatever you spend for Allah’s sake will be considered as a charitable deed even the handful of food you put in your wife’s mouth. Allah may lengthen you age so that some people may benefit by you, and some other be harmed by you.” At that time Saad had only one daughter. (Sahih Bukhari)

• Narrated by Ibn’ Abbas (RA); I recommend that people reduce the portion of what they bequeath by will to the fourth (1/4th), for Allah’s Messenger said, “Onethird, yet even third is too much.” (Sahih Bukhari, book of will and testaments) What are the rules for will?

Will cannot be made for someone who is already getting a share in inheritance. Nor it can deny anyone their due share. It can be used for someone who will otherwise not get a share (eg: orphan grandchild, non-Muslim family member, etc) or can be used in charity.

• “Allah has appointed for everyone who has a right what is due to him, and no bequest must be made to an heir.” ± Prophet Muhammad (Abu Dawud Ibn Majah)

When is will applicable?

Will is only applicable/ actionable AFTER death. It can be changed and updated again and again during life time of a person. The final version will be used.

What if someone makes a wrong will? (Such as using more than 1/3rd of wealth, making a will in favor of a heir who is already getting a share or denying share from legitimate heir)

Making a wrong will is a maMor sin. It should be corrected during life of the person, otherwise heirs should correct it after the death of the deceased.

• “A man may do good deeds for 70 years but if he acts unjustly when he leaves his last testament, the wickedness of his deed will be sealed upon him, and he will enter the Fire. If a man acts wickedly for 70 years but is just in his last testament, the goodness of his deed will be sealed upon him and he will enter the Garden (of Paradise).” ± Prophet Muhammad (Musnad Ahmad Ibn Majah)

What are the practical steps needed to make a will?

Here are the essential items for a legitimate will

• A written or verbal will that is witnessed by two people who are: believers, honest, and do not have any conflict of interest in inheritance or will.

• The laws of the land where you reside should also be fulfilled so the will can be executed legally.

For example, in USA, a will needs to be written and signed by two witnesses who do not have any direct benefit or conflict in inheritance or will. USA law allows the distribution of wealth as per Islamic laws if this is mentioned in the will. Otherwise the default distribution will be as per country and state rules.

Source: alhudainstitute.ca