every soul shall taste death Qur an, Surah Al-Imran (3:185)

every soul shall taste death Qur an, Surah Al-Imran (3:185)

THE IMPORTANCE OF THE ISLAMIC WILL The importance of the Islamic will (wasiyya) is clear from the following two hadith: "It is the duty of a Muslim who has anything to bequest not to let two nights pass without writing a will about it." (Sahih al-bukhari) "A man may do good deeds for seventy years but if he acts unjustly when he leaves his last testament, the wickedness of his deed will be sealed upon him, and he will enter the Fire. If, (on the other hand), a man acts wickedly for seventy years but is just in his last will and testament, the goodness of his deed will be sealed upon him, and he will enter the Garden." (Ahmad and Ibn Majah) the will gives the testator an opportunity to help someone (e.g. a relative need such as an orphaned grandchild or a Christian widow) who is not entitled to inherit from him. The will can be used to clarify the nature of joint accounts, those living in commensality, appointment of guardian for one s children and so on. In countries where the intestate succession law is different from Islamic law it becomes absolutely necessary to write a will.

-LT WILL AND TESTAMENT This is the Last Will of me, the undersigned, Identity Number:. Adult male/female, presently residing at, Married according to: Islamic Law and/or civil law being in/out of community of property. REVOCATION OF EARLIER WILLS I hereby revoke, cancel and annul all previous will made by me and declare this to be my Last Will and Testament of all my assets whether in South Africa or in any other part of the world. APPOINTMENT OF EXECUTORS AND ADMINISTRATORS I hereby nominate, constitute and appoint the following person as the executor and administrator of my estate: ANGLOWEALTH SHARIAH (PTY) LTD or its successors in title as executors I hereby grant to my executor such power and authority as allowed by law with specific reference to the power of assumption.

SECURITY FOR LIQUIDATION AND DISTRIBUTION DISPENSED WITH 3. My executor(s) and Administrator(s) (including those assumed) shall not be required to furnish any security to the Master of the High Court under the Administration of Estates Act, 1965 or any other law for the proper performance of their functions. WINDING UP THE ESTATE I direct that my executors shall appoint ANGLOWEALTH SHARIAH (PTY) LTD, currently of Durban to attend to the winding up of my estate. DISCHARGE OF DEBT & OBLIGATIONS 4. 5. 5. My Executor(s) and Administrator(s) shall first pay all my lawful obligations, and debts incurred by me during my lifetime, which debts will include Mahr [Dower] (applicable in the case of a male) funeral expenses and expenses incurred for the administration of my estate. 5. My said Executor(s) and Administrator(s) shall thereafter endeavor to ascertain what amount, if any, is due by me in respect of debts of as well as my religious liabilities and obligations in accordance with the tenants of the Islamic faith until the date of my death, and for the guidance of my executors and administrators, I hereby declare that at present my liabilities in this respect are as follows : a) Unpaid Zakaat.. b) Unaccomplished Haj.. c) Unkept Sowm (Fast).. d) Unperformed Salaah.. e) Unfulfilled Kaffaarah.. f) Undischarged Mannat or oath.. g) Undischarged Qurbani... h) Other Wajib..

5.3. I hereby direct that such amounts shall be paid to such persons or institutions as my Executors in their absolute discretion, shall determine to be entitled thereto according to the Islamic Law. The total amount payable under this clause shall not, however, exceed one third of the net value of my estate. LEGACIES (WIYYAH) 6. I hereby bequeath as free and absolute legacies (and as wasiyyah) to the following person(s) or institution(s) the following: Name of legate Amount/Item Provided that the Legatee(s) named herein are not persons who qualify as legal heirs according to the Islamic Law of succession at the time of my death in terms of clause 7 hereof. Provided further that should this Wasiyyah of mine as described above be in conflict with the Sunni Islamic Law then my executors with the guidance of the Jamiatul Ulama (KwaZulu- Natal) or any Muslim Judicial Body or expert designated by my executors have the power to annul such Wasiyyah and make the requisite directions in respect thereof. Provided even further that the total value of such legacies does not exceed one third of the net value of my estate after the discharge of my debts. In the event that the total value of the legacies including my religious obligations in terms of clause 5. Above exceeds one third of the net value of my estate then a) My religious obligations will be paid first, as more fully described in clause 5 payments above. b) Thereafter, the balance, if any, will be paid out to my nominated legatees proportionately.

7. RESIDUE OF MY ESTATE I hereby bequeath the rest and residue of my estate and effects of whatsoever nature or kind wheresoever they be situated, whether movable or immovable, corporeal or incorporeal, whether in possession, reversion, remainder or expectancy to my lawful heirs and heiresses who shall be determined at the time of my death and whose proportionate inheritance as specified herein shall be dictated by the Sunni Islamic Law of Succession. For the purposes of giving effect to this clause, my executors shall file with the Master of the High Court a certificate executed by an authorized official or organization to be will be determined at the sole discretion of my executors/administrator(s). 8. SHARE OF MINOR BENEFICIARIES The share of income or capital which may be payable to any heir/beneficiary under the age of 25 (twenty five) years upon my death in terms of this Will shall not be paid into the Guardians Fund, but shall be held in Trust by my Executor(s) and Administrator(s) who shall have the right to invest such income or capital in such investments as they may in their sole discretion decide and shall further have the right to apply the whole or portion of the income or capital for the maintenance, education or other benefit of the said beneficiary, provided that such investment is not in conflict with Islamic Law. The share of income or capital of such beneficiary shall be paid to such beneficiary upon the latter attaining the age of 25 (twenty five) years provided that my Executor(s) and Administrator(s) shall be entitled to pay a portion or the whole of such share to such beneficiary at any time before that, if they are of the opinion that such beneficiary has attained a degree of mental maturity which would enable such a beneficiary to manage his or her affairs without any detriment. My Administrator(s) shall keep full and proper accounting records relating to the trust and shall have annual financial statements prepared from the date of my death until the termination of the trust of such beneficiaries.

9. INHERITANCE SOLE PROPERTY OF HEIR The bequests conferred in terms of this will shall be the sole and absolute property of each of the heirs and shall be excluded from the joint Estate of any one of them in the event of any one of them being married in community of property, such heir having absolute right of administration, disposal, control or alienation of such share without the assistance of any husband or wife he or she may marry. Such shares shall similarly be excluded from the Accrual System under Chapter One (1) of the Matrimonial Property Act 1984. 10. SHARE OF HEIR NOT CAPABLE OF ATTACHMENT BY CREDITORS No portion of my Estate or the income therefrom shall be liable for or be taken or seized or sold in execution or in any other manner charged or encumbered for in respect of any debts, liabilities or obligations contracted at any time by any person (heir or legatee) entitled to any portion of my Estate, or any income therefrom; 1 REDISTRIBUTION AGREEMENT My heirs shall be entitled to enter into any redistribution agreement on such terms and conditions as may be mutually agreed upon with the proviso that such redistribution shall conform to Islamic Law of Succession.

1 POWER TO SELL PROPERTY Subject to the terms of this Will and for the purpose of winding-up of my estate I hereby confer inter alia the following powers upon my Executor(s) and Administrator(s):- a) To sell, lease or alienate any assets of whatsoever nature whether movable or immovable, whether by public auction or by private treaty, in their sole discretion for the benefit of the beneficiaries and shall not for this purpose be required to obtain the approval of interested heirs as envisaged by Section 48 of the Administration of Estates Act, No 66 of 1965 or any other law. b) To make interim payments for the maintenance and support of any beneficiary on account until the winding-up of my estate is completed and the estate is properly distributed. c) To continue any business carried on by me for the period as from the date of my death until the estate accounts are approved without objection and the estate is distributed to the entitled beneficiaries in accordance with the provisions thereof. 13. NO COLLATION I direct that, insofar as may be relevant, the doctrine of collation shall not apply and no beneficiary shall be required to bring into collation any amount or any property which I may have gifted to him or her in my lifetime.

14. ARBITRATION 14. In the event of there being any dispute relating to the interpretation of this Will in so far as matters related to Islamic Shariah are concerned, matter connected therewith or arising therefrom the matter, I direct that my Executor(s) shall nominate any person(s) that they in their sole discretion deem fit to act as Arbitrator(s) for that purpose. The decision of the Arbitrator(s) shall be final and binding upon all the parties 14. In the event of there being any other dispute relating to the interpretation of this Will, or administrating, liquidating or distributing of my Estate such dispute and provided that such dispute shall not relate to a Shariah issue then my directors shall in their sole discretion nominate a professional with at least ten years of standing to arbitrate on that dispute and whose decision shall be final and conclusive, provided that such matters herein shall not be as set out in 14. Above. Provided further that the arbitrator(s) shall consist of both professionals as contemplated above and persons(s) competent to deal and issue Islamic Shariah rulings if the circumstances require same.. SIGNED by the TESTATOR/IX at DURBAN on this day of in the presence of the undersigned witnesses.

indeed we belong to Allah, and indeed to him we will return Qur an, Surah Al-Baqarah (2:156)

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