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The complete guide and toolkit to making your own Islamic Will and Estate plan in Canada.
This page contains the full Islamic Will Step-by-Step Guide, but if you want a quick overview of the process, check out the Islamic Wills Quick Start Guide.
On this page
- Video
- The Basics
- Do I Need an Islamic Will?
- What’s in an Islamic Will?
- Do I Need a Lawyer to Write My Islamic Will?
- How Does an Islamic Will Work?
- What Happens if I Die Without an Islamic Will?
- Why Choosing the Right Executor is Key
- Is Having an Islamic Will Enough?
- The Toolkit
- The Process
- 1. 🔍 Discover
- 2. đź’Â Discuss
- 3. ✍️ Document
- The Extras
- 🖋️ Legacy Letter
- 🤝🏽 Powers of Attorney
- The Disclaimer
- Related Articles
Video
[Coming Soon]
The Basics
Do I Need an Islamic Will?
If you’re a Muslim adult, you need an Islamic Will. Here’s why:
- You have a body.
- You have stuff (i.e. an estate).
- You (may) have child(ren).
Each of these blessings, given to you by Allah, needs to be treated appropriately when you die:
- Your body needs a Muslim burial.
- Your estate needs to be distributed as prescribed in the Qur’an.
- Your children need to be cared for by an adult you trust.
A legally valid Islamic Will helps accomplish all of those goals.
A complete Islamic Will and Estate Plan will give you a sense of serenity.
What’s in an Islamic Will?
A legally valid Islamic Will is like any other legally valid Last Will and Testament in your province.
It has two primary functions:
- Who: A will specifies who will manage your affairs after your die:
- Executor: This is the person responsible for your burial and estate distribution.
- Guardian (if applicable): This is the person who will take care of your kids in case both you and the other parent die.
- How: A will specifies how you want
- your body to be treated.
- your estate to be distributed.
Do I Need a Lawyer to Write My Islamic Will?
No.
You can make an Islamic will on your own and then sign in the presence of two witnesses to make it legally valid.
You can also have a lawyer draft it for you. See the Document section for more.
How Does an Islamic Will Work?
After you die, your executor will use your Islamic Will to:
- Determine how you wish to be buried:
- If you are from a Muslim family, this may be a non-issue, but if you have members in your family who do not share your faith, the funeral/burial directions in your will are critical.
- Apply to the court to have control over your estate:
- Your executor will take your will (with other documents) and apply for a “Grant of Probate” (or, if you’re in Ontario, a “Certificate of Appointment of Estate Trustee with a Will”). This will give your executor access to those assets that were in your name and need to be distributed.
- The executor will not be granted access to the following assets:
- Jointly Owned Assets: Assets such as real estate or bank accounts held in joint names (with your spouse, for instance) typically bypass the will and go directly to the surviving owner.
- Assets with Named Beneficiaries: Life insurance policies, registered investment accounts (e.g., RRSPs, TFSAs), and pensions with designated beneficiaries bypass the will and go directly to the named individuals.
- Confirm how you want your estate to be distributed:
- Your executor will look at your Islamic Will to see how you want your estate to be distributed.
What Happens if I Die Without an Islamic Will?
If you die without a will (this is called “dying intestate”), you increase the risk that your
- body does not receive a Muslim burial.
- estate is not distributed as prescribed in the Qur’an.
- children are not cared for by someone you trust.
Why Choosing the Right Executor is Key
Once the executor obtains a “Grant of Probate,” they are entrusted with carrying out the instructions in the will. The court does not monitor or oversee the executor's actions directly.
If anyone disputes the will's contents or believes the executor is not fulfilling their duties properly, they can bring the matter to court for resolution.
But if no disputes arise, the court remains uninvolved after the Grant of Probate is issued.
Is Having an Islamic Will Enough?
No.
If the only document your executor has is a legally valid Islamic Will, s/he is missing several necessary documents to dod their job. The executor will need:
- Asset and Debt Inventory: your executor needs to know what you have to distribute it. They will also need to list your assets and debts to receive a Grant of Probate.
- Key Information: your executor will need usernames and passwords for your digital accounts and other key information to distribute and close your accounts.
You need an Islamic Will and other documents to complete your estate plan. The Tools and The Process below have everything you’ll need.
The Toolkit
Here are the essential tools you’ll find in the toolkit. I explain how to use these tools in The Process section below.
- Islamic Will Workbook
- Islamic Will Discussion Guide
- Islamic Last Will Template
Here are extra tools you'll find in the toolkit. I explain how to use these tools in The Extras section below.
- Islamic Legacy Letter Template
- Power of Attorney Templates
The Process
Preparing your Islamic Will is not a task. It’s is a process.
But that doesn’t mean that it needs to be complicated. Here is the three-phase process to get a complete legally valid Islamic Will and Estate Plan -
1. 🔍 Discover
- Use the Islamic Will Workbook to Identify your assets, liabilities, and key decision-makers.
- The Workbook is a valuable tool whether you are creating a DIY will and estate plan or hiring a lawyer to help.
2. đź’Â Discuss
- Have conversations with family, heirs, and representatives about your estate plan.
- The conversations you have with your family will reveal if you need to make adjustments to your assets (maybe you want to gift someone something extra?).
- Go back to your workbook and adjust as necessary.
There is no replacement for having discussions with family members, heirs, and representatives about your Islamic Will and estate plan.
Discussions about your estate with your family, while you’re alive, can help prevent disputes after you die.
3. ✍️ Document
- Decide how you want to document your Islamic Will. You have two main options:
- Do-it-Yourself Template: Fill out a template and make the will legal on your own.
- This approach is best if your estate is straightforward and your inheritors agree on the plan, with little likelihood of conflict after your passing.
- Lawyer-Drafted Will: Hire a lawyer (coming soon) to prepare your will and provide personalized advice tailored to your unique circumstances.
- This is ideal if your estate is complex or if you anticipate potential disagreements among inheritors regarding the distribution of assets. For example, a lawyer can guide you on the best way to title assets, handle corporate interests, or structure trusts to meet specific goals while minimizing potential disputes.
- Store your will in a folder. Label it your “estate folder.”
- Print the Islamic Will Workbook and store that in the folder too.
- Inform your executor and backup executor of the folder's location.
The Extras
🖋️ Legacy Letter
- Use this template to write a personal message to your loved ones that shares your values, lessons, and final reflections.
- Muslims have long included personal advice and reflections in estate planning to guide loved ones spiritually and morally alongside material inheritance.
🤝🏽 Powers of Attorney
- Use these province-specific templates and decide who should have the authority to make financial and health decisions if you’re not healthy enough to do so on your own.
- Make these documents legal by following the signing instructions.
- Add the documents to your estate folder and inform the representatives you’ve selected.
The Disclaimer
The page is for educational purposes and does not constitute legal or financial advice. Consult a qualified professional for personalized guidance.
Islamic Will Workbook - WalkthroughIslamic Last Will Template - WalkthroughPower of Attorney FormsLegacy Letter TemplateAccess Page: Islamic Will ToolkitRelated Articles
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Written by Farooq Maseehuddin
Farooq Maseehuddin (MuslimMoney Guy) is a financial educator and writer. He holds both a Bachelor of Education (BEd.) and a Master of Education (MEd.) from the University of Alberta. He's been a high school teacher and Muslim community organizer for two decades.