
Islamic Wills & Estate Planning
"It is not right for a Muslim who has property to bequeath that he should pass two nights without having a written Will with him." (Bukhari)
A Last Will and Testament is a document that allows you to express your wishes posthumously. You can make decisions about the distribution of your assets and property. You can decide on the guardians of any minor children. You can even express your desires on your funeral ceremony and where you wish to be buried. Some people even choose to include personal messages to their heirs and family. An Islamic Will and Testament is one that includes provisions for the distribution of your estate, funeral ceremony, burial and guardianship of children according to traditional Islamic law.
A Living Will is a document that allows you to express your wishes when you are incapacitated and unable to communicate them yourself. A Living will indicates a person's preferences and decisions regarding medical care and other major decisions in advance of a serious illness or injury. It authorizes the people you know and trust to carry out your decisions when you cannot. A Living Will generally has several components. You can appoint a Health Care Agent to make health care decisions for you, appoint a power of attorney, provide instructions for the removal of life support systems, designate a conservator for future incapacity, and make a statement regarding organ donation. Our standard Islamic Living Will provides instructions for the removal of life support and organ donation according to traditional Islamic law.
Drafting a proper and effective will requires consideration of a number of issues. We have created a questionnaire for you that lists many of the questions you need to consider when preparing your Last Will and Testament and Living Will. The questionnaire is designed to supplement the discussion with your attorney, not to replace it. Take the time you need to feel comfortable with your decisions. You do NOT need to answer every question prior to your initial meeting with your attorney. Your attorney will walk you step-by-step through the planning for both documents. However, your attorney will be asking you all of the questions, and more, during your planning meeting.

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