Do Muslims need a will?

No less than the Qura'n stressed the importance of wills as part of an Islamic conduct called al wassiya. It is part of the Muslim person's obligation to transmit their properties to their heirs upon their death in accordance with Sharia principles. Through wills, Muslims can bequeath part of their property to persons who otherwise cannot inherit by operation of law.

Islamic will includes:

Bequests or legacies

Instructions

Admonishments

Assignment of rights

How to draft an Islamic will under Sharia

A will requires a Testator known as Al-Musi, a Legatee known as Al-Musa lahu and an executor with two witnesses of legal age.

Before the estate will be distributed among the heirs, debts owed by the deceased at the time of his death must be paid and funeral expenses paid from deceased assets must be deducted first. Al Wassiya of the deceased is also honored as long as this does not exceed 1/3 of the reserved portions for the heirs. These legacies cannot be given to a person who is also an inheritor under Sharia. The rest of the estate will then be distributed as per Sharia instructions.

Jurisdiction

Who has jurisdiction to hear matters of wills and succession in the UAE? It is the court of the emirate that issued the visa of the deceased in UAE that has jurisdiction.

What if two wills are presented in the court?

If the wills contradict each other, it will not be applied – Sharia law will apply to both of the wills. If wills do not contradict each other, then both will be applied.

What if real properties are located in different countries?

If assets are located in different jurisdictions, these assets are advisable to be covered by a separate will(s), taking into consideration the law of the home country of the deceased and the law of the country property is located.

What are the options available to avoid traditional Sharia rules on inheritance?

  • Offshore registers and free zone options. Whether to set up a Free zone or offshore company, the shares can be distributed under the name of the heirs and put the name of the deceased as the manager. Upon the latter's death, the shares will go to the shareholders according to the terms of the Memorandum of Association or Articles of Association. However, this is not the only available alternative means, there are other alternative solutions as well;
  • Pre-death gifts or Heba;
  • Trusts; and
  • DIFC wills registry (for properties located in Dubai).

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.