Assalaamu Alaykum,
This basic form draft will is for participants of the April 3, 2011 Workshop titled “The Last Wish:
A Workshop on Creating Islamic Wills.”
IMPORTANT DISCLAIMER
THIS SAMPLE ISLAMIC WILL, AND THE ACCOMPANYING INFORMATION
INCLUDING SCHEDULES A-1, A-2 AND A-3, THE INSTRUCTIONS RELATED TO
BURIAL, FUNERAL AND OTHER OBLIGATIONS, THE POWER POINT PRESENTATION
AS WELL AS ANY OTHER INFORMATION, WRITTEN OR ORAL, ARE DESIGNED TO
PROVIDE INFORMATION IN AN ATTEMPT TO FOLLOW ISLAM’S GUIDANCE ON THE
DRAFTING OF A WILL. THEY ARE PROVIDED WITH THE UNDERSTANDING THAT:
MEMPHIS ISLAMIC CENTER, THE PRESENTERS OF THIS WORKSHOP, THE
VOLUNTEERS OF THIS WORKSHOP, AND ANY PROFESSIONAL
EDUCATIONAL OR OTHER ENTITIES OR INDIVIDUALS AFFILIATED WITH
MEMPHIS ISLAMIC CENTER, ANY OF THE PRESENTERS, ORGANIZERS OR
VOLUNTEERS OF THIS WORKSHOP
ARE
NOT
ENGAGED
IN
RENDERING
LEGAL, ACCOUNTING
OR OTHER PROFESSIONAL SERVICES AND ACCORDINGLY DO
NOT
ASSUME
ANY RESPONSIBILITY FOR ITS USE. IF LEGAL
ADVICE OR OTHER EXPERT ASSISTANCE ARE REQUIRED, THE
SERVICES OF A COMPETENT PROFESSIONAL SHOULD BE SOUGHT.
NO GUARANTEES ARE MADE.
USE OF ANY PORTION OF THIS FORM WILL OR ANY OTHER
INFORMATION PROVIDED TO YOU DURING OR AFTER THIS WORKSHOP,
INCLUDING SCHEDULES A-1, A-2 AND A-3, THE POWER POINT
PRESENTATION, INSTRUCTIONS RELATED TO BURIAL, FUNERAL AND
OTHER OBLIGATIONS OR ANY OTHER INFORMATION CONSTITUTE
ACCEPTANCE OF THESE TERMS.
AS WITH ANY LEGAL OR PROFESSIONAL MATTER, COMMON
SENSE SHOULD DETERMINE
WHETHER
YOU
NEED
THE
ASSISTANCE OF AN ATTORNEY / PROFESSIONAL. WE URGE YOU TO
CONSULT WITH AN ATTORNEY / PROFESSIONAL WHENEVER
(Page 1 of my Will: ________________________________________________)
SUBSTANTIAL AMOUNTS OF MONIES ARE INVOLVED, OR FOR ANY
MATTER WHERE YOU DO NOT UNDERSTAND HOW TO PROPERLY
COMPLETE THE DRAFT WILL OR QUESTION ITS ADEQUACY TO PROTECT
YOU. IT IS UNDERSTOOD THAT BY USING THIS FORM WILL YOU ARE
ACTING AS YOUR OWN ATTORNEY / PROFESSIONAL. U S E O F T H I S
W ILL IS NOT LEGAL ADVICE AND SHOULD NOT BE USED
IN PLACE OF LEGAL ADVICE.
ACCORDINGLY, MEMPHIS
ISLAMIC CENTER, THE PRESENTERS OF THIS WORKSHOP, THE DRAFTER
OF THIS WILL, THE VOLUNTEERS OF THIS WORKSHOP, AND ANY
PROFESSIONAL EDUCATIONAL OR OTHER ENTITIES OR INDIVIDUALS
AFFILIATED WITH MEMPHIS ISLAMIC CENTER, ANY OF THE PRESENTERS,
ORGANIZERS OR VOLUNTEERS OF THIS WORKSHOP, SHALL HAVE
NEITHER LIABILITY NOR RESPONSIBILITY TO ANY PARTY FOR ANY
LOSS OR DAMAGE CAUSED OR ALLEGED TO BE CAUSED BY USE OF
THIS FORM WILL OR ANY OTHER INFORMATION INCLUDED ON THIS
SITE OR DISTRIBUTED AT THE WORKSHOP, INCLUDING SCHEDULES A1, A-2 AND A-3, THE INSTRUCTIONS RELATED TO BURIAL, FUNERAL
AND OTHER OBLIGATIONS, THE POWER POINT PRESENTATION, OR ANY
OTHER INFORMATION SHARED WITH YOU, ORAL OR WRITTEN, DURING
OR AFTER THIS WORKSHOP.
THIS INFORMATION IS ONLY
PROVIDED AS A SERVICE TO THE COMMUNITY.
(Page 2 of my Will :___________________________________________)
In the Name of God, the Beneficent, the Merciful
LAST WILL AND TESTAMENT
OF
________(Your Name)________________
I, ____(Your Name)____________, a resident of Shelby County, Tennessee, being of sound mind
and disposing memory, do hereby make, publish and declare this as my Last Will and Testament, hereby
revoking all Wills and Codicils heretofore made by me.
1.
Appointment of Executor. I nominate and appoint my ________(relationship)___________,
______(name)____________, currently residing at, ___________(address)____________ as
Executor of this my Last Will and Testament, and I direct that no court order or bond shall be
required. In the event (he/she) ceases or fails to serve, then I nominate and appoint my
(relationship), (name) currently residing at (address), as Executor, without court order and
without bond. Whenever the term "Executor" is used herein, it shall be deemed to apply to the
party or parties acting, and any reference to such party or parties in one gender shall be deemed to
mean the proper gender. In the event that this person shall be unwilling or unable to act as
executor, I nominate and appoint (consider including name of Islamic organization(s)) to have the
right to nominate and appoint a qualified person to be the executor of this, my Last Will and
Testament, and I direct that no court order or bond shall be required.
2.
Ancillary Administration. If the appointment of an Executor of my estate is necessary or
desirable in any jurisdiction in which the Executor named herein is unable or unwilling to act, I
appoint as my Executor in that jurisdiction such person or corporation as may be designated in an
instrument signed by the Executor named herein, to serve without security or any bond, and to
have all the powers with respect to my estate in that jurisdiction that my Executor named herein is
given with respect to my domiciliary estate (including the power to sell real or personal property
at public or private sale for any purpose), to be exercisable without the joinder of any beneficiary
or the approval of any court. Further, I direct such Executor believe in the tenets of the Islamic
faith.
3.
Funeral and Burial Rights. I have delivered separately my instructions regarding my funeral and
burial rights to (name of individuals or organizations that you have delivered copies to) and my
Executor and ordain that such instructions be closely followed.
4.
Administration of Real Property. I give to my Executor all real property which I may own at the
time of my death and direct my Executor to hold, administer and distribute my real property as a
part of my probate estate. It is my intention that my Executor has possession and control of my
real property during the period of administration, including the power to sell, lease, encumber and
otherwise convey all or any portions of such real property or interests therein without the joinder
of any beneficiary of my estate or the approval of any court.
5.
Administration of All Property. I give my Executor herein named power to settle any claim for or
against my estate and power to sell any property, real, personal, or mixed, in which I have an
interest, without court order and without bond. I direct that no bond or surety for any bond be
required for my executor in the performance of (his/her) duties.
(Page 3 of my Will :___________________________________________)
6.
Payment of Debts and Taxes. I direct that all of my legally enforceable debts, funeral expenses,
and expenses in connection with the administration of my estate be paid as soon as may be
convenient after my death, except that any debt secured by a mortgage, pledge, or similar
encumbrance on real property owned by me at the time of my death may be retained in the
discretion of my Executor and such property shall pass subject to such mortgage, pledge, or
similar encumbrance. I further direct that all transfer, estate, inheritance and other death taxes
(but not any generation-skipping transfer taxes) which are payable because of my death, including
any interest or penalties thereon, with respect to the property comprising my estate for such tax
purposes, whether or not such property passes under this Will and whether such taxes are payable
by my estate or by any recipient or beneficiary of any such property, shall be paid entirely out of
my residuary estate without apportionment and with no right of reimbursement from any recipient
or beneficiary of any such property. This however will not be construed as a waiver of any right
that my Executor has by law or otherwise to claim reimbursement for any such taxes. My
Executor shall pay all expenses associated with safeguarding, insuring, packing, storing,
delivering, and distributing the tangible personal property, and such expenses shall be deemed to
be a proper part of the expenses of administering my estate.
7.
Other Obligations. I have expressed my direction and desire to fulfill any outstanding religious
obligations that are required under Islamic Jurisprudence including missed fast, unpaid alms
(zakah), expiation (kaffarat) or unperformed pilgrimage (hajj) if any could have been a duty upon
me (“HuquqAllah”) to(name of individuals or organizations that you have delivered copies to)
and to my Executor. I desire that these instructions be closely followed, but I impose no legal or
equitable obligation in this regard.
8.
Disposition of Residuary Estate. I direct my Executor to give all the rest and residue of my
property, to include real, personal and mixed property, of whatever kind and character and
wherever situated, including all clothing, jewelry, automobiles, household furniture and
furnishings, recreational equipment, and all other tangible personal property, along with all other
real property and mixed property not otherwise specifically disposed of by this Will or in any
other manner, together with all rights that I may have under any insurance policies relating
thereto and any other proceeds of any insurance policies payable to my estate, outright and free
of trust to the following individuals and in the following proportions:
1/3 of my residuary estate to:
(Consider including names of individuals, organizations and any proportion of the 1/3 wealth. A
chart can also be used here. This is an optional provision and you can delete this 1/3 section if
you choose not to separate your wealth in this manner)
Name and Relationship
Current Address
Proportion
(Page 4 of my Will :___________________________________________)
Remainder of my residuary estate to:
Name and Relationship
Current Address
Proportion
Proportion to Include the
Following
Specific
Items, if Any
I further ordain that no valuation, accounting or any other inventory be required for my property
and leave discretion as to the method of determining the value of my estate to my Executor.
If any of the individuals named above predecease me, I direct my Executor to distribute his or
her respective portion to the remaining individuals named above in such proportions in
accordance to Islamic inheritance law.
If it is unclear as to how to apply the residue of my estate or in any event in which legal
difficulties arising in the execution of any or all parts of this article, I direct my Executor to
obtain an expert Islamic opinion from (names of individuals or Islamic organizations). An Islamic
jurist's verdict would be final and binding in all cases, over ruling anyone else's because it is my
intent to follow Islamic inheritance law.
My Executor may distribute the share of any minor beneficiary to such beneficiary directly, or to
the person with whom such beneficiary is making his or her home, or to a custodian for such
beneficiary under the Uniform Gifts to Minors Act or Uniform Transfers to Minors Act of any
state, or in such other fashion as my Executor deems appropriate, without the requirement of the
appointment of a guardian for such beneficiary or the approval of any court. If in the discretion
of my Executor any of my tangible personal property is not suitable for immediate delivery, my
Executor may retain such property in safekeeping for future delivery. My Executor shall pay all
expenses associated with safeguarding, insuring, packing, storing, delivering, and distributing the
tangible personal property, and such expenses shall be deemed to be a proper part of the expenses
of administering my estate. I hope that the recipient or recipients of my tangible personal
property will dispose of the same in accordance with my wishes, however made known, but I
impose no legal or equitable obligation in this regard.
9.
Spendthrift Provisions. No part of any trust herein created, nor the income therefrom, is to be
subject to execution or other legal process for any obligation of any beneficiary or subject to the
claims of creditors of any beneficiary in any manner, nor shall any beneficiary have the power to
sell or mortgage or encumber same, or any part thereof, nor anticipate the same, or any part
thereof, by assignment or otherwise, except as expressly authorized by any powers of
appointment contained herein.
(Page 5 of my Will :___________________________________________)
10.
Simultaneous Death. In the event my spouse and I shall die simultaneously, or under
circumstances which make it difficult to determine which of us died first, I direct that (include
only one: my spouse shall be deemed to have survived me/ I shall be deemed to have
survived my spouse) for the purposes of this instrument, and I direct further that the provisions
of this instrument shall be construed upon that assumption, irrespective of any provision of law
establishing a contrary presumption or requiring survivorship for a fixed period as a condition of
taking property by inheritance.
11.
Powers of Executor.
(a)
In General. In addition to all powers given under applicable law, my Executor and
Trustee shall have all the powers enumerated in Section 35-50-110, Tennessee Code
Annotated; and the introductory paragraph and all subparagraphs thereof, to the extent
not inconsistent with the express provisions hereof, are hereby incorporated herein by
reference, except that subparagraphs 1 through 4 thereof shall apply only to my Executor.
(b)
Protection of Marital Deduction. In no event shall my Executor have any power that
would invalidate the marital deduction for federal or state estate or inheritance tax
purposes.
12.
Appointment of Guardian. [if child under age only] Should my spouse predecease me, or should
we die in a common disaster, I hereby appoint (name of guardian) as guardian of the person and
of the property (not held by a trustee) for my minor children, and I direct that no bond or court
order be required. In the event that (he/she) fails or ceases to serve, I hereby appoint (name
alternate guardian) as guardian of the person and of the property (not held by a trustee) for my
minor children, and I direct that no bond or court order be required. In the event that such person
fails or ceases to serve, I hereby nominate and appoint such person as my Executor may designate
so long as such guardian is known to be a practicing Muslim of good moral character, and I direct
that no bond or court order be required of any person or persons.
13.
Waiver of Requirement of Inventory and Accountings. I hereby expressly excuse my Executor
from filing any inventory, interim accountings, and final accounting that might otherwise be
required pursuant to applicable law, unless any beneficiary of my residuary estate specifically
requests such reports.
14.
Statement of Intention. Except to the extent to which I have included them in the provisions of
this Will, I have intentionally, and not as the result of any accident, mistake or inadvertence,
omitted in this Will to provide any of my issue or members of my family now living. I wish to
state that I love all members of my family and do not omit them out of ill feelings.
(Page 6 of my Will :___________________________________________)
IN WITNESS WHEREOF, I have hereunto set my hand on this ____ day of April, 2011, to this
my Last Will and Testament, and have subscribed each of the foregoing ________ pages at the bottom
thereof for the purpose of identification.
______________________________
Name:
STATE OF TENNESSEE)
COUNTY OF SHELBY )
I, ____________________________________. a Notary Public, do hereby certify that on this 3rd day of
April, 2011, personally appeared before me ______________, known to me to be the person whose name
is subscribed to the foregoing instrument, and swore and acknowledged to me that he executed the same
for the purpose and in the capacity therein expressed, and that the statements contained therein are true
and correct.
_______________________________________________
Name, Typed or Printed:__________________________________________
My Commission Expires:_________________________________________
Signed, signified and declared by the said ____(Your Name)_____________, being of sound
mind and disposing memory, as and for his/her Last Will and Testament, in the presence and sight of us,
present at the same time, who, at his/her request, in his/her presence and sight, and in the presence and
sight of each other, have subscribed our names as attesting witnesses on the day and year last above
written.
WITNESSES:
__________________________________________________ NAME:____________________________
ADDRESS:
_____________________________________
__________________________________________________NAME: ____________________________
ADDRESS: ___________________________________
(Page 7 of my Will :___________________________________________)
AFFIDAVIT
STATE OF TENNESSEE
COUNTY OF SHELBY
)
)
___________________ and ___________________, being severally duly sworn, depose and say
that:
We are acquainted with (Your Name), who executed this annexed Last Will and Testament,
consisting of _________ (_) typewritten pages, dated _______________, 2011, on that date at (city that
you signed this document), Tennessee, by subscribing (his/her) name at the end thereof in the presence
and sight of each of us.
At the time of subscribing said Will, (Your Name) declared the instrument so subscribed by
(him/her) to be his/her Last Will and Testament, and we thereupon signed our names as witnesses at the
end of said instrument at (his/her) request and in (his/her) presence and sight, and in the presence and
sight of each other.
At the time of executing said Last Will and Testament, (Your Name) was over the age of eighteen
years and in our opinion was of sound mind, memory and understanding and not under any restraint or in
any respect incompetent to make a Last Will and Testament.
This affidavit is made at the request of said (Your Name).
The annexed Last Will and Testament was examined by the undersigned witnesses at the time
this affidavit was made.
______________________________
Name:
Address:
______________________________
Name:
Address:
SWORN TO AND SUBSCRIBED before me, this ______ day of April, 2011.
______________________________
NOTARY PUBLIC
My Commission Expires:
______________________
(Page 8 of my Will :___________________________________________)