It can be easy to assume that everything can be simply ‘taken care of’ after one’s passing. However, this is rarely the case.
Wills are vital in ensuring that any property you leave behind is distributed fairly — firstly according to Islamic laws and then in accordance with your own preferences.
Passing away without a will.
If you pass away without having written a will, the responsibility is then placed on your family to figure out the process. This can be a lot of pressure in an already difficult time, and often leads to confusion and conflict. Having a will relieves your family of this stress, making the division of your property straightforward and easy to carry out.
If you do not have a will, it may also be settled by a court instead. In both cases, this means that you do not have much control of where your property is assigned after your passing.
Narrated by Abdullah Bin Umair (RAA): The Prophet Muhammad (peace be upon him) said:
It is the duty of a Muslim who has anything to bequest (leave behind after death) not to let two nights pass without writing a will about it.
(Sahih al-Bukhari | Hadith 2738 in the Book of Wills and Testaments).
Wills are not just important for the sake of dividing your property, for example, you might need to nominate a guardian to take care of any young children you may have. You might also need to settle any debts still outstanding at the time of your death, or have money allocated to charity. Most people also wish to have specific belongings set aside as gifts to certain relatives or friends in accordance to Islamic teaching.
So how do you make a Will?
Writing a will does not have to particularly time-consuming, and saves many complications in the long run. You can write your will yourself, with or without a lawyer, although professional assistance can be useful. After writing it, it must simply be signed by you and two other witnesses in order for it to be legally recognised. Wasiyyah is an Australian based organisation who assists people in preparing and writing up a legally binding Will in accordance to Islamic rules and Australian law.
Once your own will has been completed, it is important to encourage others who have not written one yet to do so as well. It is essential to always be prepared, as death can happen at any time.
A will ensures that the people you care about will be provided for after your passing, and that any loose ends will be easily dealt with at a time of loss and hardship.
For more details on preparing a Will contact Wasiyyah – https://www.wasiyyah.com.au.