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  • iLawyer

    [THE ONLINE DOCUMENT BUILDER]

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Generate your own legal
Shariah compliant Will
document online now and protect your loved ones.

35 Minutes to complete      Pay R499 online      Customised legal document emailed to you.

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Frequently Asked Questions

What is a Will?

A Will is a legal document that determines how your assets are to be dealt with when you pass away.

It tells your Executor how to deal with your assets and how your selected beneficiaries will inherit.

It ensuring that your loved ones are taken care of.

What is a Shariah compliant Will?

A Shariah compliant Will is a Will that is drafted in accordance with the principles of the Islamic Law of Succession.

A Shariah compliant Will is necessary for your heirs to inherit according to these principles.

Islamic Law requires that all Muslims have a Will.

Who can draft a Will?

Any mentally capable person 16 years and older may make a Will.

What happens if I do not make a Will?

Intestate Laws apply if you die without a Will

Without a Will, it is basically left up to the Master of the High Court’s Office to determine how your Estate will be distributed and this will be done in accordance with Intestate Laws of South Africa, which does not accord with Islamic Law.

You will have no say over how your assets are distributed and the process of making your assets (including bank accounts) available to your heirs becomes much slower.

What is an Executor?

An Executor is a person or institution nominated by you in your Will, to administer your estate.

They ensure that the wishes as set out in your Will are executed and the interests of your beneficiaries is protected.

What is a Beneficiary?

A Beneficiary is a person (individual or a group of people) nominated by you in your Will, to receive a benefit from your estate.

Who is a minor?

A minor is a person under the age of 18 years.

What happens to a minor's inheritance?

In terms of our Shariah Compliant Will if a person is a minor their inheritance will go into a Testamentary Children’s Trust that will be administered by your nominated Executor(s).

The funds in the Testamentary Children’s Trust will be used for the minor’s benefit.

When your heir reaches 25, the trust will dissolve and any remaining income and / or capital will be paid to them directly.

When does my Will become valid?

Your Will becomes valid when it is signed by you on every page.

It must also be dated and witnessed by 2 Competent Witnesses at the same time.

You will receive an Instruction Sheet with your Will to help you sign it correctly.

Is this Will legal and binding?

Yes, this Last Will and Testament will be legal and binding provided it is signed correctly.

After you have signed it you might also want to have a Shariah Law Expert check that you have completed the Will correctly too. 

What should I do with my Will once it is signed?

Once you have all the signatures needed you should store the ORIGINAL WILL somewhere safe, as the Master of the High Court will need the ORIGINAL WILL.

It can also be a good idea to scan the document and back-it-up on your computer; also keep a hard copy somewhere safe.

Finally, let the right people know where the original is kept.

When should I review my Will?

It is best to regularly update your Last Will and Testament, we recommend at least every 5 years.

Many things change over time and your Will should reflect these changes.  

Sometimes it is necessary to update your Will more than every 5 years.  Some life events that should prompt you updating your Will would be:

  • Just married
  • Just divorced
  • Just had a child
  • New home or other new assets
  • Change to your health
  • The death of a beneficiary mentioned in your Will
  • A change in business relationships

 

ANY QUESTIONS?  GET IN TOUCH.

 

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