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Guidelines On Wasiat Writing
Guidelines On Wasiat Writing
The first question that always triggers into our mind is that Is there a need to write a Wasiat? The Prophet is reported to have highly encouraged its adherents to write their Wasiat when they leave property for their heirs: It is not permissible for any Muslim who has something to Wasiat to stay for 2 nights without having his Wasiat written and kept ready with him (Extract from Sahih Al-Bukhari, Cap 55, Hadith I. Ibn Umar) As you may be aware, the Islamic Law of inheritance sets prescribed limits but allows for the use of a written Wasiat as a flexible way of distributing ones assets. A Wasiat therefore is a legally binding document which encapsulates your wishes. A Wasiat is a declaration of ones intention to bequeath up to one -third (1/3).
Adopted children or step children will not entitle to inherit the estate of their adopted parent or step parent. Non-Muslim family members will not entitle to inherit the estate of their Muslim family members. The court will choose an administrator to distribute your wealth, personal belongings (including jewellery, furniture, art) and other assets according to the Faraid principles, regardless of any desires you may have expressed during your lifetime.
The process for a court-appointed administrator is cumbersome and time consuming. It will inevitably delay the final distribution of your assets that may in the meantime cause financial distress to your family. The court-appointed guardian may not be the most suitable or appropriate person to care for your minor/special child.