Frequently Asked Questions

Do I need a Will?

Making a Will ensures that your family is cared for and looked after past your death. If you die without a Will, the government will distribute your estate according to their own rules and standards, which could result in a temporary freeze of your assets. This means that your family won’t have immediate access to your estate, leaving those who are dependent on you with no financial security as a result. This process can also be a lengthy, expensive procedure for your family members.

You may also want to consider adding extended family members to your Will since they do not automatically receive a share of a deceased person’s estate. If you don’t write a Will however, your extended family members aren’t guaranteed to inherit anything. It’s also important to assign a guardian for your minor children in your Will in case both parents face an unexpected death.

In conclusion, EVERYONE NEED A WILL. Start your Will now.

What happens if I die without a Will?

Dying without a Will is considered an intestate death, meaning that you did not leave any instructions as to how your estate should be distributed upon your death. When this happens in Ontario, your assets are distributed according to the Succession Law Reform Act. However, even if you don’t mind that your assets could be managed by the government, you should still consider making a Will in order to avoid the lengthy and complex procedures that accompany an intestate death.

Some challenges associated with an intestate death include:

  1. No control over who inherits what since the government is in control of the deceased person’s assets.
  2. Lengthy time delays and expenses.
  3. The court will have to find someone to appoint as your personal representative to look after your estate. Usually, it’s the deceased person’s closest family member who fills this role. However, this still doesn’t mean that government will select the person you want to take care of your children and manage your money and property responsibly.

Do I still need a Will even if I do not have a family?

Yes, you do. Even if you don’t have a family, you should still make a Will so you can distribute your assets according to your wishes.

When do I need to change my Will?

It is very imperative to keep your Will up to date. As you need your Will to reflect your wishes. Here are some of the situations where you need to change/update your Will

Marriage

 Any Will written prior to getting married is revoked upon the marriage, unless you clearly address your future marital status in your Will and your intention for the Will to remain valid past the marriage.

Divorce/separation

 A divorce affects a Will differently as it does not automatically revoke a Will. Instead, some instructions that relate to the surviving former spouse become invalid, i.e., the former spouse is no longer considered an heir, personal representative or recipient of a bequest, even if they are assigned as such in the Will.

If a legally married couple separate, but do not divorce, their Will is not impacted by the separation. This means that the surviving partner inherits everything that was assigned to them in the Will. The ex-spouse can also still carry their duties as the deceased person’s personal representative if it was assigned to them as such. 

Birth of a child

Having a child does not automatically include them as an heir in your Will. To guarantee that they receive a share of your estate, be sure to update your Will accordingly.

Significant financial change

 Consider changing your Will when you receive a significant amount of money as you might want to distribute your wealth differently or even add more heirs to your Will.

Others, such as moving from province to other, status change for any of your heirs or having new or disposed of assets

What is probate?

Probate is the legal process where a deceased person’s assets are managed by a personal representative if he/she left a Will or by the court if he/she died without a Will.

Please note NOT every Will need to be probated. Probating a Will depends on the specific circumstances of each case.

The process usually follows these four steps:

  1. Identifying the deceased’s assets
  2. Handling the appraisal and accounting requirements of the deceased’s estate
  3. Paying taxes and giving notice to creditors
  4. Distributing the deceased person’s assets according to the directions they left in the Will or according to Ontario’s Succession Law Reform Act if they don’t have one.

Why should I write an Islamic Will / Wasiyyah?

 There are many evidence in Quran and Sunnah, showing the importance of Islamic Will/Wassiyah.

The Prophet Muhammad (may peace be upon him) ordered all Muslims to prepare a Last Will & Testament. Abdullah bin ‘Umar narrated that the Prophet (P.B.U.H) said, “It is not permissible for any Muslim who has something to will to stay for two nights without having his Will and Testament written and kept ready with him.” (Sahih Al-Bukhari).

﴿ كُتِبَ عَلَيْكُمْ إِذَا حَضَرَ أَحَدَكُمُ الْمَوْتُ إِنْ تَرَكَ خَيْراً الْوَصِيَّةُ لِلْوَالِدَيْنِ وَالْأَقْرَبِينَ بِالْمَعْرُوفِ حَقّاً عَلَى الْمُتَّقِينَ﴾ (180)

( سورة البقرة ) – 180. It is prescribed for you, when death approaches any of you, if he leaves wealth, that he makes a bequest to parents and next of kin, according to reasonable manners. (This is) a duty upon Al-Muttaqin (the pious).

﴿ يُوصِيكُمُ اللَّهُ فِي أَوْلَادِكُمْ لِلذَّكَرِ مِثْلُ حَظِّ الْأُنْثَيَيْنِ فَإِنْ كُنَّ نِسَاءً فَوْقَ اثْنَتَيْنِ فَلَهُنَّ ثُلُثَا مَا تَرَكَ وَإِنْ كَانَتْ وَاحِدَةً فَلَهَا النِّصْفُ وَلِأَبَوَيْهِ لِكُلِّ وَاحِدٍ مِنْهُمَا السُّدُسُ مِمَّا تَرَكَ إِنْ كَانَ لَهُ وَلَدٌ فَإِنْ لَمْ يَكُنْ لَهُ وَلَدٌ وَوَرِثَهُ أَبَوَاهُ فَلِأُمِّهِ الثُّلُثُ فَإِنْ كَانَ لَهُ إِخْوَةٌ فَلِأُمِّهِ السُّدُسُ مِنْ بَعْدِ وَصِيَّةٍ يُوصِي بِهَا أَوْ دَيْنٍ آَبَاؤُكُمْ وَأَبْنَاؤُكُمْ لَا تَدْرُونَ أَيُّهُمْ أَقْرَبُ لَكُمْ نَفْعاً فَرِيضَةً مِنَ اللَّهِ إِنَّ اللَّهَ كَانَ عَلِيماً حَكِيماً (11)﴾

( سورة النساء )

﴿ يَا أَيُّهَا الَّذِينَ آَمَنُوا شَهَادَةُ بَيْنِكُمْ إِذَا حَضَرَ أَحَدَكُمُ الْمَوْتُ حِينَ الْوَصِيَّةِ اثْنَانِ ذَوَا عَدْلٍ مِنْكُمْ أَوْ آَخَرَانِ مِنْ غَيْرِكُمْ إِنْ أَنْتُمْ ضَرَبْتُمْ فِي الْأَرْضِ فَأَصَابَتْكُمْ مُصِيبَةُ الْمَوْتِ تَحْبِسُونَهُمَا مِنْ بَعْدِ الصَّلَاةِ فَيُقْسِمَانِ بِاللَّهِ إِنِ ارْتَبْتُمْ لَا نَشْتَرِي بِهِ ثَمَناً وَلَوْ كَانَ ذَا قُرْبَى وَلَا نَكْتُمُ شَهَادَةَ اللَّهِ إِنَّا إِذاً لَمِنَ الْآَثِمِينَ (106)﴾

( سورة المائدة )

وروى البخاري ومسلم: (( عَنْ عَبْدِاللَّهِ بْنِ عُمَرَ رَضِي اللَّهُ عَنْهُمَا أَنَّ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قَالَ: مَا حَقُّ امْرِئٍ مُسْلِمٍ لَهُ شَيْءٌ يُوصِي فِيهِ يَبِيتُ لَيْلَتَيْنِ إِلا وَوَصِيَّتُهُ مَكْتُوبَةٌ عِنْدَهُ ))

“It is the duty of a Muslim who has anything to bequest not to let two nights pass without writing a will about it.”Sahih Al-Bukhari

(( عَنْ سَالِمٍ عَنْ أَبِيهِ أَنَّهُ سَمِعَ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قَالَ: مَا حَقُّ امْرِئٍ مُسْلِمٍ لَهُ شَيْءٌ يُوصِي فِيهِ يَبِيتُ ثَلاثَ لَيَالٍ إِلا وَوَصِيَّتُهُ عِنْدَهُ مَكْتُوبَةٌ، قَالَ عَبْدُ اللَّهِ بْنُ عُمَرَ مَا مَرَّتْ عَلَيَّ لَيْلَةٌ مُنْذُ سَمِعْت رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قَالَ ذَلِكَ إِلا وَعِنْدِي وَصِيَّتِي ))

Importance of Islamic Will/Wassiyah:

To fulfill your duty to god

If you die intestate, i.e., without a Will, your estate is distributed according to the government’s laws and not in accordance with Islamic law.

To gain personal peace

 Writing a Will eliminates potential unnecessary complications that could occur otherwise. If your children are under 18 and you have not appointed a legal guardian for them, the court will take it upon themselves to do so. Therefore, writing a Will ensures that your children’s future safety is in your hands.

To achieve financial security

 -Making a Will online is fast, simple and relatively low-cost.


-Tax-efficient: Minimizes the amount of inheritance tax your family might pay on the deceased person’s estate. 


-In case someone dies intestate, a friend or family member will have to apply through the court to administer the deceased person’s estate, which is a lengthier and much more expensive process than writing a Will.

To give back and make an impact

 Making a bequest does not only help those who receive it but it helps you as well as it’s considered a sadaqa jariya (continuous charity)—a special deed that continues to benefit you after death.

As a Muslim lives in a non-Muslim country, do I need a Will and Why Muslim Will?

If a Muslim lives in a non-Muslim country, their estate is distributed according to that country’s inheritance system, as opposed to a system that follows the Islamic laws of inheritance. If you live in a non-Muslim country, consider planning your Will in advance in order to protect your family and assets from unpredictable circumstances.

The Prophet (PBUH) stressed the importance of having a Will by stating that it’s the duty of every Muslim to not let two nights pass without writing a Will. By making a Will, you secure your family’s future and ensure that all inheritors will receive their rightful share.

Is there a difference between the Islamic and Canadian law when it comes to rules of inheritance?

Islamic and Canadian law differ variably when it comes to rules of inheritance. Muslim families who live in Muslim countries that follow the Islamic rules of inheritance do not have to worry about planning their estate Islamically. However, those who live in non-Muslim countries must plan their Wills in advance since the Islamic rules of inheritance is not the default system. In Canada, Islamic Wills are valid as long as the testator follows the requirements stated in the Ontario Succession Reform Act. However, this is only possible if the person has left a Will.

The following attributes describe the differences between the Islamic and Canadian law of inheritance:

Ownership of wealth

The Canadian legal system follows what is called “free alienation of property,” which means that one is free to spend their money as they wish. However, Islamic laws are more rigid since it’s a faith-based system. As such, Muslims are limited in the way they can spend their money, how much they can donate to charity, and the amount of estate distribution involved in inheritance planning.

Distribution system

Islamic law follows a uniform system of succession that ensures rightful distribution of shares among heirs. The Canadian legal system does not. As such, even though a system that allows people to share their wealth however, they wish can be helpful, it allows people to be greedy and manipulative. The Islamic system as a result prevents such conflicts.

Rights

Inheritance is a right for every Muslim. Whereas some pop culture references exempt potential heirs from inheriting due to frivolous reasons (i.e. the movie’s hero must be married by a certain age to inherit), every Muslim is entitled to be an inheritor in Islam as stated in the Quran.

How are inheritance shares calculated in a Muslim Will?

Inheritance shares are calculated according to the rules and principles found in the Quran and the Sunna, and the interpretations of Muslim scholars.

Why do main scholars in Islam have different opinions about estate divisions?

Even though Islam covers the laws of inheritance in detail, not every heir (inheritor) situation is listed within the Quran and Sunna. In these instances, Muslim scholars interpret the estate division to the best of their ability which leads to different perspectives on the matter. However, majority of the scholars are in agreement with each other about most heir situations.

What is a bequest in Islamic Will?

A bequest is a certain amount of money and property given to non-heirs (people who are not recognized as potential inheritors) i.e., adopted children, charities, etc.

How much can I bequeath in Islamic Will?

You can bequeath up to one-third of your estate. The remaining two-thirds is given to heirs (those who are always entitled to a share of the inheritance) i.e., spouse, both parents and biological children.

Why is a bequest in Islamic Will limited to one-third of a person’s estate?

A person cannot bequeath more than one third of their estate because it’s the limit set by the Prophet when Saad Ibn Abi-Waqqas approached him about giving two-thirds of his money to charity. The Prophet rejected the two-third donation, prompting Saad to suggest one-half, which the Prophet also refused. “One-third?” asked Saad. The Prophet accepted hesitantly, saying “A third then a third is still too much.”

Can a bequest in Islamic Will be made to an heir?

No. Bequests can only be made towards non-heirs. In addition, there are some restrictions on bequests, such as bequest to an heir, bequest to an unborn person, bequest to the testator’s murderer, bequest of more than one-third of testator’s property o creation of unknown estates.

Can a non-Muslim inherit from a Muslim?

A non-Muslim is not entitled to inherit from a Muslim, but they can be given a bequest of up to one-third of the Muslim’s estate.

What about relatives who are not listed in an Islamic Will?

Relatives who are not listed in a Will (i.e., maternal/paternal aunts or uncles) may receive a share of the inheritance, as long as the amount does not exceed one-third of the estate.

Can adopted children inherit from their adoptive parents in an Islamic Will?

Adopted children do not carry the identity of their adoptive family and so, they do not inherit. However, they can be given a bequest of up to one-third of the adoptive parents’ estate.

What is MuslimWill.ca?

MuslimWill.ca provides its visitors with a general understanding of the importance of writing their Will / Wassiyah in Canada with an automated software solution to individuals who choose to prepare their own Will documents.

MuslimWill.ca delivers Islamic Wills within minutes. At Muslim Will, we believe that there is a better way to make your own Will—one that does not include high costs, a lot of research or effort. We work with a team of Muslim scholars to ensure shariah-compliant Will/Wassyiah. It is an easy, fast and cost-effective online experience. Simply answer a selection of questions and your personalized Will document will be automatically generated and validated each step of the way.

Who creates Will/Wasiyyah in MuslimWill.ca sites?

MuslimWill.ca  site and Will/Wasiyyah templates created a group by a qualified team and reviewed and approved by a team of Muslim scholars, ensuring that Islamic laws of inheritance are included.

We are not Imams, scholars, or lawyers. We are a diverse group of Muslim entrepreneurs; with the goal of providing services for Muslims in Canada when creating their Will/Wassyiah. We want what is usually a difficult process to be done in a simple, accessible, reliable and affordable manner. We have made it a point of emphasis to ensure that the Wills generated by MuslimWill.ca are shariah compliant. However, as with any Will, there is a possibility it may be challenged in court. If you have specific questions or problems related to the making of your will, we advise you to contact a lawyer and/or consult with an Imam to ensure all your needs are covered.

Can Will/Wassiyah create at www.MuslimWill.ca be used across Canada?

Right now Will/Wassiyah at MuslimWill.ca is only available to residents of Ontario, Canada. However, Islamically, it is fully compliant with Islamic law anywhere in Canada.
Inshallah in the future will be expanding our services across all Canada.

Will/Wasiyyah in MuslimWill.ca is compliant with Islamic law?

Yes, Will at MuslimWill.ca is compliant with Islamic law as it was reviewed and approved by well-known scholars. For more details, please check our endorsements page. However, as with any Will, there is a possibility it may be challenged in court. If you have specific questions or problems related to the making of your will, we advise you to contact a lawyer and/or consult an Imam to ensure all your needs are covered.

What MuslimWill.ca use to calculate Islamic inheritance?

The Islamic inheritance calculation use IRTH program developed by Dr. Ayman Abu-Mostafa. Which calculates inheritance portions due to heirs according to Islamic Law. Program is based on the book “Fiqh-us-Sunna” by Assayyed Sabeq. It was tested against over 160 cases, among which are all the cases listed in the ISNA booklet “Last Will and Testament”. 

Is my privacy protected with MuslimWill.ca?

We use a secure SSL-encrypted link to secure your confidential information. As such, you can be certain that your Will documents are 100{328b8019837b2e0bd6e9f8d831f8a4cb252992c4b13122af06577ea1a33b484d} safe with us. For more details on privacy, please refer to MuslimWill.ca Privacy Policy.

How do I change/update my Will/Wasiyyah at MuslimWill.ca?

MuslimWill.ca offers users the ability to access their profile online and update/change their Will at any time accordingly.

Where should I keep/store my Will?

You will need to store your final signed Will in a safe place; also, you will need to inform your executor/guardian that you selected them. Inform your executor about the location of your final signed Will.

It is very important when dealing with your Will and Final Testament location. It is imperative that you place your will in not only a secure location, but in a location that is accessible for your executor(s) so they can locate it easily and carry out its contents swiftly. Furthermore, you also have to make sure, if you have any documents as part of your estate, as well as any other documents related to end of life planning or your personal information, their location should also be accessible to your executor(s) as well. It is up to you whether you choose to disclose or not disclose the contents of your Will. If you prefer to keep the contents of your will undisclosed you can demand to have it in a sealed envelope that can only be opened upon your death. However, in both scenarios, it is recommended that your executor have your will stored with them and also be aware of the contents of your will so they know directly from you how you want your last wishes to be carried out.

What should I do after I finish my Will/Wassiyah?

Now you finish your Will, here is what you need TO DO:

– Print Your Will

– Make sure to have two witnesses ready

– Date your Will in presence of your two witnesses

– Enter your name and sign your Will in presence of your two witnesses

– The testator should initial each page of the Will in the presence of your two witnesses, you can initial in the bottom right of each page.

– Have your two witnesses sign your Will in your presence.

Witness information:

· CAN NOT BE minor, must be over 18 years old, and sound mind

· CAN NOT BE any of your beneficiaries of your Will or

· CAN NOT BE spouse of any of your beneficiaries

· Witness does not have to read your Will or know its contents

There should be ONLY ONE original of your Will for you to sing with your witnesses.

In Ontario, a Will does not have to be notarized to be valid. However, if your Will is to be probated, a court administration will not probate the Will unless one of those witnesses signs an “Affidavit of Execution”.  It is best practice to have one of the witnesses sign an ‘Affidavit of Execution’ before a commissioner; in this document the witness swears s/he witnessed the testator sign the Will, in the presence of him/herself and another witness who is named; it is best practice to have one of the witnesses sign the affidavit because it makes the probate process (most wills need to be probated) simpler, less expensive and less time consuming.

If this affidavit is not provided with the probate application, the estate trustee (or lawyer) preparing the probate application has to try to locate one of the witnesses at that time to have him/her sign the affidavit of execution, and if no witnesses can be found, must detail his / her efforts to locate the witness, and then attend at a bank or some other institution where a person familiar with the testator’s signature can sign an affidavit swearing the signature on the will matches the signature known to them.

MuslimWill.ca does not provide “Affidavit of Execution” form. The affidavit should be provided and signed before a commissioner, notary or lawyer, and the Will is attached as an Exhibit to the Affidavit.

Top