Provide for Your Family
If you die intestate (without a will), rules contained in state legislation decide how your assets are distributed. In the extreme case, the state will take your assets.
In this real life scenario:
Abu Ali dies suddenly without having made a valid Will.
At the time of his death, Abu Ali owns a house, has some cash and other assets.
State laws give the entire estate to his wife. His five children do not receive anything.
Ali, the eldest son, cannot afford to take care of his brothers and sisters. His wages from his job barely cover the cost of food.
Ali needs $22,000 and a lot of Panadol to cover court fees to recover their rightful inheritance.
Meanwhile, his mother meets a new but younger man whilst overseas and whom she later marries but decides to settle overseas: with their rightful inheritance!
Had Abu Ali executed an Islamic Will from Garrison Lawyers prior to his death, Ali and his siblings would have received their rightful inheritance without worry or financial hardship.
For a few hundred dollars you can protect your assets which are worth hundreds of thousands of dollars. Think about it. A minimal outlay, now, to save your loved ones anguish and heartache in a time of extreme grief. Also save your assets from being used up in costly court battles over who are the rightful heirs to your estate.
If you do not have a valid Islamic Will you are leaving the affairs of your loved ones to chance.
The Probate courts can take a long time to make a decision and your loved ones will have to wait for their shares. This may place them in financial and emotional hardship. If you have a valid Islamic Will your executor can use some of your money to maintain your family. Without a valid Will it is more difficult for your family to use your personal assets for their maintenance.
If you are not in a legally marriaged (like an Islamic Marriage Contract (`Aqed un-Nikkah) and have not registered with The Department of Births, Deaths and Marriages, unless you have made a valid Islamic Will your partner may not be able to inherit from you. This means the death of one partner may create serious financial problems for the remaining partner.
Without a valid Last Will and Testament your beneficiaries are left with the problem of obtaining a Grant of Letters of Administration (an exepensive process) and the court will appoint an administrator in your absence to deal with disposal of your estate under the rules of intestacy. This again can take many months. In the meantime your surviving spouse has all the usual household, daily, weekly and monthly expenses. All this and your spouse will undoubtedly be on a reduced income, not to mention the grief and pain of losing their beloved.
Your surviving spouse may not have access to the money they would normally have and the money could be frozen until the formalities of Probate have been completed, which could take many months.
By naming an executor in your Islamic Will you can avoid undue delay and stress. Your executor may get access to bank accounts and other personal assets to use for the maintenance of your spouse and children.
If you have children, you owe it to them to have an Islamic Will. You must make sure your children end up with the right guardians (adoptive parents) and the right physical and emotional support, not to mention the right upbringing and education.
If you die without a valid Will and your children are minors (under the age of 18) then the court will determine a person to look after them. This may involve the Department of Community Services or another specialist service in deciding who the guardian of your children will be. The state will undoubtedly do its best for the child but why risk the unnecessary trauma this can cause, especially at a time when the child has lost both parents.
There is no guarantee that the person you consider to be most appropriate will become the guardiany our children. The court appointed guardian may even be a non-muslim teaching your children ideals and values you do not approve of.
The appointment of a legal guardian by the courts can become a very expensive process involving the fees of: the court, solicitors and barristers, all of which are payable from your children’s inheritance.
Make a Islamic Will; declare YOUR wishes and look after YOUR children they way that makes YOU happy.