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Preparing a Will before death

Answered as per Hanafi Fiqh by DarulUloomTT.net

Q. I would like to prepare a Will before I die and would like to know how my estate should be shared according to Shariah law. Only money is being left for inheritance. Alive are the following:
1. Mother
2. Father
3. Sister (who is married and have both a husband and a son)
4. My Wife
5. My daughter 3 years old.

Also can I draft my own Will on paper and assign an Executor and have two witnesses sign and just keep it at home or do I have to have it done by a lawyer and have it registered with the Gov’t of T&T?

A. Based on the family members inheriting from you, the inheritance should be distributed in the following manner:-

The total amount of money must be divided into 24 shares. From this, the mother will receive 4 shares and the father will receive 5 shares. The sister will be omitted (she will not receive a share from your estate). Your wife will get 3 shares and your daughter will receive 12 shares.

You can draft your own will and assign an executor for it. In doing so, you must get two witnesses to sign and keep it at home. With this, there is no need to get it done by a lawyer and have it registered by the Government of Trinidad and Tobago.

And Allah knows best.

Mufti Waseem Khan

This answer was collected from DarulUloomTT.net, which is operated under the supervision of Mufti Waseem Khan from Darul Uloom Trinidad and Tobago.

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