Distribution Of Estate example essay topic

With the Name of Allah, the Most Merciful, the Bestower of Mercy LAST WILL AND TESTAMENT OF I, , born on, currently residing at, being of sound mind and memory do hereby revoke any and all former Wills, Testament and Codicils and declare this to be my Last Will and Testament. PREAMBLE I bear witness that there is no deity but Allah, the One, the Merciful, the Almighty- Creator of the heavens and the earth and all therein-God of Abraham, Moses, Jesus, Muhammad, and all the Prophets, mercy and peace be upon them all. He is One God and He has no partner. And I bear witness that the Prophet Muhammad is His Servant and his Messenger and the last of all the Prophets, mercy and peace be upon him. I bear witness that Allah is the Truth, that His promise is Truth, and that the Meeting with Him is Truth.

I bear witness that Paradise is Truth and that Hell is Truth. I bear witness that the coming of the Day of Judgement is Truth, there is no doubt about it, and that Allah, the Exalted, will surely resurrect the dead of all generations of mankind, first and last and those in between. This is my counsel to my relatives and friends, my Muslim brothers and sisters, and all those who remain after me: that they strive to be true Muslims, that they submit to their Creator-may He Be Exalted-and worship Him as He Alone is to be worshipped, fear Him as He Alone is to be feared, and love Him and His Prophet Muhammad with a complete love that is rivaled by nothing besides them. Let them obey Him and hold fast to the Messenger's Sunnah (teachings). Let them spread and firmly establish His religion of Islam, and let them die only in a state of complete submission to His Will. I remind them that no man and no woman die before his / her time.

The exact duration of each life span is precisely determined before we are born by the All-Powerful Creator, may He be Exalted. Death is tragic only for the one who lived out his / her life in self-deception without submitting to the Creator and preparing for the final return to Him. So, do not preoccupy yourselves with my death, but instead make the proper preparations for your own. Maintain patience and self-composure, as the religion of Islam requires. Islam permits relatives to mourn for no more than three days, although a widow is allowed to mourn for four lunar months and ten days, until her iddah (period of waiting) is completed.

Wailing and excessive lamentation is forbidden by the Creator, and it reflects only a lack of understanding and dissatisfaction with the Will of the Creator, may He be Exalted. Finally, I ask all my relatives, friends, and all others-whether they choose to believe as I believed or not-to honor my Constitutional right to these beliefs. I ask them to honor this document, which I have made, and not to try to obstruct it or change it in any way. Rather, let them see that I am buried as I have asked to be buried and let my properties be divided as I wanted them to be divided. ARTICLE I - FUNERAL AND BURIAL RITES I ordain that no autopsy or embalming be done on my body unless required by law and that without unjustified delay my body be washed, wrapped with cloth free of any ornaments and other articles, prayed for, and then buried, which all should be done by Muslims in complete accordance with Islamic tenets. a. I hereby nominate and appoint, residing at, to execute these and other necessary provisions for my proper Islamic funeral and burial.

In the event that he / she shall be unable or unwilling to execute, I hereby nominate and appoint, residing at, to execute these provisions. b. I ordain that absolutely no non-Islamic religious service or observance shall be conducted upon my death or on my body. c. I ordain that no pictures, crescents or stars, decorations, crosses, flags, any symbols-Islamic or otherwise-or music shall be involved at any stage of the process of conducting my burial or ever be placed at the site of my grave. d. I ordain that my body shall not be transported over any unreasonable distance from the locality of my death, particularly when such transportation would necessitate embalming, unless when long distance transportation is required to reach the nearest Muslim cemetery or any other cemetery selected by my Muslim family. e.

I ordain that my grave shall be dug deep into the ground in complete accordance with the specifications of Islamic practice and that it faces the direction of Qiblah (the direction of the city of Makkah in the Arabian Peninsula, towards which Muslims face for prayer). f. I ordain that my body shall be buried without a casket or any encasement that separates the wrapped body from the surrounding soil. In the event that local laws require casket encasement, I ordain that such encasement be of the simplest and most modest and least expensive type possible. I further ordain that the encasement be left open during burial and filled with dirt, unless prohibited by law. g.

I ordain that my grave shall be level with the ground or slightly mounded, with no construction or permanent structure of any kind over it. The marking-if necessary- should be a simple rock or marker, merely to indicate the presence of the grave. There should be no inscriptions or symbols on the said marking. ARTICLE II - EXECUTOR AND GUARDIAN a. I hereby nominate and appoint, presently residing at, to be the executor of this, my Last Will and Testament.

In the event that he / she will be unwilling or unable to act as executor, I nominate and appoint, residing at, to be executor of this, my Last Will and Testament. b. I give my executor herein named power to settle any claim for or against my estate and power to sell any property, real, personal, or mixed, in which I have an interest, without court order and without bond. I direct no bond or surety for any bond is required for my executor in the performance of his / her duties. c. I hereby nominate and appoint, presently residing at, to be the guardian of the persons and estates of such of my children who shall be minor at and after my death, during their minority, so long as said guardian remains a Muslim of sound mind and judgment. In the event he / she shall be unwilling or unable to act as guardian, I nominate and appoint, residing at, to be the guardian. ARTICLE - DEBTS AND EXPENSES a.

I direct that my executor apply first, the assets of my estate to the payment of all my legal debts-including such expenses incurred by my last illness and burial as well as the expenses of administrating my estate. I direct the said executor to pay any outstanding obligations that are binding on me before Allah, including unpaid zakah, (obligatory Islamic charity), vows, kaffarat (expiating Islamic obligations) and unperformed Hajj (Pilgrimage to Makkah). b. I direct that all inheritance, state, and succession taxes (including interest and other penalties thereon) payable by reason of my death shall be paid out of and be charged generally against the principal of my residuary estate, without reimbursement from any person; except that this provision shall not be construed as a waiver of any right which my executor has, by law or otherwise, to claim reimbursement for any such taxes which become payable on account of property, if any, over which I have a power of appointment. ARTICLE IV - IMPEDIMENTS TO SUCCESSION a.

I direct and ordain that any heir, declared as non-Muslim at the time of my death, be disregarded and disqualified in the application of Section B of Article V. b. Should I die as a result of murder, I direct that the adjured murderer, principal or accessory in the murder, shall be disqualified to receive any part of my estate. ARTICLE V - DISTRIBUTION OF PROPERTY I direct that the remaining of my estate after executing Article, be disposed of in the following proportions: Section A - CHARITABLE CONTRIBUTIONS I direct my executor to pay the following charitable contributions, not to exceed one quarter (1/4) of my remaining estate after executing Article, to the named persons and organizations: 1., whose address is, a amount equal to percent (%) of my total estate, (e.g. in orphan care programmes, education and skills training). 2., whose address is, an amount equal to percent (%) of my total estate, (e.g. in water and sanitation programmes, primary healthcare). 3., whose address is, an amount equal to percent (%) of my total estate, (e.g. in publication of Islamic books). Section B - DISTRIBUTION OF REMAINDER OF MY ESTATE The following section relates to my remaining estate after execution of Article and Section A of Article V. I direct the executor of my Will to strictly adhere to the Islamic law governing the distribution of estate.

Should any of my heirs who are not Muslims at the time of execution of this Will, accept Islam prior to my death they shall become eligible heirs and receive inheritance according to the Islamic law. The following is a summary of the Islamic law governing the distribution of estate, this is neither to be construed as being complete nor does it exclude all the other Islamic Law governing the distribution of estate. Item 1. SPOUSE The surviving spouse, if husband, is given one half (1/2) of wife's estate if she dies childless, and one-fourth (1/4) if she left children.

The surviving spouse, if Wife, is given one fourth (1/4) of husband's estate if he dies childless, and one-eighth (1/8) if he left children (this amount is to be shared equally if more than one wife). At the time of writing this Will, my spouse is whose date of birth is // and National Insurance number is Item 2. FATHER My father is to be given one sixth (1/6) of the estate if any of my children are alive at the time of my death, and two thirds (2/3) if no children survive me. My father is whose date of birth is // and National Insurance number is Item 3. MOTHER My mother is to be given one sixth (1/6) of the estate if any of my children survive me, or if two or more of my siblings (brothers and / or sisters) are alive at the time of my death. She is to be given one third (1/3) if none of my children survive me, and if two or more of my siblings are not alive at the time of my death.

My mother is whose date of birth is // and National Insurance number is Item 4. CHILDREN The remainder of my estate after executing Section A of Article V and Section B Item 1, 2 and 3 of Article V, will be distributed in the following manner: If at least one of my sons survives me, all of my remaining estate is to be distributed among my children, with sons inheriting double the share of daughters. If none of my sons survive me and one daughter survives me, she inherits one half (1/2) of the remaining estate and for the distribution of the remainder one half (1/2) of my estate refer to applicable Islamic estate distribution criteria. If none of my sons survive me, and more than one daughter survives me, two thirds (2/3) of my remainder estate is distributed equally among them and for the distribution of the remainder one third (1/3) of my estate refer to applicable Islamic estate distribution criteria. At the time of writing this Will, I have the following sons: 1. whose date of birth is // and National Insurance number is 2. whose date of birth is // and National Insurance number is At the time of writing this Will, I have the following daughters: 1. whose date of birth is // and National Insurance number is 2. whose date of birth is // and National Insurance number is As used in writing this Will, the words "my children" shall mean the biological sons and daughters listed above, and any others hereafter born to me. Item 5.

BROTHERS AND SISTERS In presence of parents or one or more sons, the brothers or sisters are not given any share. In presence of one or more daughters and no sons refer to the Islamic law on distribution of estate for applicable distribution criteria. If only sister she is given one half of the estate. If two or more sisters they will share two thirds (2/3) of the estate. Brothers when present will be given double the share of sisters. If the deceased is a female and left only a brother he shall inherit her estate.

In the case, that any of my heirs, predecease me or is ineligible for inheritance as per the requirement as stated in Article IV, I direct that their share be distributed among the eligible heirs. ARTICLE VI - TRUSTEE FOR MINOR CHILDREN The share of my estate, which any child of mine takes while still under years of age, shall be held in a separate trust for such child. I appoint as trustee of each trust hereby established. If is unable or unwilling to serve as trustee, I appoint to serve as trustee. The trustee of each trust may distribute proceeds from the trust to or for the beneficiary at any time and from time to time for the educational benefit, comfort, health, and general well being of the beneficiary. Each trust shall endure until the birthday of the beneficiary.

If a beneficiary of a trust should die intestate and without descendants prior to the expiration of such trust, said beneficiary's interest in the trust shall vest in my children who survive such beneficiary and shall be distributed in the same proportion as mentioned above. ARTICLE VII - SEPARABILITY I direct that if any part of my last Will and Testament is determined invalid by a court of competent jurisdiction, the other parts shall remain valid and enforceable. SIGNATURES Testator - In witness whereof, I have hereunto set my hand and seal this day of, of the year in the presence of the witnesses hereafter named. (Signature of Testator) Witnesses - We hereby certify that the above instrument was, on the date thereof, signed, published, and declared by the Testator, as his / her Last Will and Testament, in our presence, who at his / her request and in his / her presence, and in the presence of each other, have hereunto subscribed our names as witnesses thereto, believing said Testator at the time of the signing to be of sound mind and memory.

Witness 1 (Signature) (Name) (Address) (City, Postcode) Witness 2 (Signature) (Name) (Address) (City, Postcode) This document is made in three copies, all the same and all original. One copy is with me; one is deposited with the Executor and one with. Item 1. Item 5.