If you die with no Will, you are said to have died intestate and your estate will be dispersed according to the laws of intestacy of the country where you live. The law of intestacy is like the default Will of the deceased who did not write his own Will.

For Muslims living in non-Islamic countries who wish their estate to be spread according to Islamic law what they believe to be the instructions of the Allah, it is necessary to write a valid Will because the law of intestate succession (dispersal of the estate of a person who dies without leaving a Will) in non-Islamic countries is very different from the Islamic law of succession.

The Will should comply with the law of the land so that it can be executed after a person’s death without any unnecessary legal problems.

Your Will is one of the most vital files that you will sign during your lifetime, it is effectively the last act of man on this Earth and its effects may last for generations to come. It is something which will affect us all at some stage in our lives. Writing your Will is a very serious matter, and you should take your time and care to ensure all details are correct. If you have minor children, you should decide who will be the legal guardian of your children if you were to die.

After you have drafted your Will, the signing procedure must be done according to the jurisdiction in which you live and where the ‘Will’ will take effect after you die. If the signing procedure is not carried out correctly, your Will may be invalid. It is your responsibility to ensure that the signing procedure (testamentary formalities) are carried out correctly.