How to Make a Will (Waseet)?

Wednesday, December 5, 2012 12:43 AM PST  Reply: 

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How to Make a Will (Waseet)?
Dear Brothers,
Salaam
What is the procedure to right/make a will to secure your Wife & kids if some thing goes wrong with any person.
Please share the legal process (if involved).
Jazak Allah Khair

waqar replied on Wednesday, December 5, 2012 11:29 AM PST As a Muslim you are not supposed to make a will. Islamic law will be followed to distribute your assets among legal deceased ppl.

IA, KSA replied on Wednesday, December 5, 2012 12:47 PM PST Anyone can make "WILL" for 1/3 of his property just to benefit those who are not legal inheritors or to give in charity but he is not allowed and it will not even valid if he intend to make "WILL" for his whole property. If even he do like this , the 2/3 will automatically goes to legal inheritors as per Quran Law.

Hussain Kaisrani replied on Wednesday, December 5, 2012 01:52 PM PST As per Quranic injunctions, Wasiyyat is FARZ (obligation) just like Saum, Salat. Arabic words KOTEBA and HAQQUN are used about it in Ayat number 180, Surah Albaqarah. "It has been enjoined upon you that when you approach to death and you are leaving behind your personal property, make a testament according to law for your parents and others close to you. This has been enjoined upon Muttaqeen as a duty from Allah" 2:180. The distribution of left-over property shall take place after the provision of the WILL have been fulfilled (4:11). Khan Sahib! if you are seeking assistance in registering, writing or making WILL in Pakistan, please provide your email so that I can send you one of my article (in Urdu) to understand the process and requirement.

Hussain Kaisrani replied on Wednesday, December 5, 2012 02:05 PM PST There are only 9 Quranic Ayaat related to Wasiyyat. Anyone can understand the Quranic Guidance within few minutes after reading any three different translations. 2:180-182, 2:240, 4:11-12, 5:106-108

IA, KSA replied on Wednesday, December 5, 2012 04:57 PM PST Thank you indeed Mr.Kaisrani for elaborated response but I would like to add here that your quoted verse 180-182 is before law of inheritance after declaration of legal inheritors one can only prepare "WILL" for those who are out of legal inheritors.For example one can make will to give some of your property in Charity or relative who is not legal inheritor but maximum one can do "WILL" for 1/3 only , other he can not touch and it will be distributed as per law of inheritance. The guidance can be taken from prophet sayings depicted in Bukhari Sahrif.

LAW replied on Wednesday, December 5, 2012 06:38 PM PST For moment, keep aside Islami Sharia and think if some one not follow Islamic laws and simply would like to make a will as a Pakistani citizen. What will be the procedure?

IA, KSA replied on Wednesday, December 5, 2012 06:59 PM PST You can contact at kaisrani@gmail.com to get procedure for "Will" but if you are a Pakistani Citizen and want to prepare "Will" for property in Pakistan , then same procedure will be adopted , you can prepare "Will" for 1/3 only otherwise legal inheritors can knock court and the "Will" will be nullified by court as they follow Islamic Sharia. If even one has thankless son and do not want him to give share of your property and for this purpose he prepares "Will" but this thankless son can go court and will get his share as per law of inheritance.

Hussain Kaisrani replied on Wednesday, December 5, 2012 07:04 PM PST @IA, KSA, Thanks for your input and guidance about the matter. As this is NOT a proper forum to discuss these issues so it is enough whatever is said by you, me and other fellows. @LAW I appreciate your comments. We have a habit to divert the discussion into a religious debate and the actual query or issue goes behind the scene. I have tried to understand and explain my views about practical steps to write and register Wassiyyat in one of my article printed in Urdu. I don't think that this is a proper forum to present these matters on this forum. If interested, you may email me so that I can send it for your reading. (THE ARTICLE IS BEING REPRODUCED HERE). Thanks. kaisrani@gmail.com

Hussain Kaisrani replied on Wednesday, December 5, 2012 07:22 PM PST I think that IA, KSA is right. I can provide the procedural information but "a thankless son can go court and will get his share as per law of inheritance." Thank you for summarizing the fact.

Khan-1 replied on Wednesday, December 5, 2012 10:12 PM PST Interesting! I thought you could do whatever you wanted with assets you earned in your life time. The laws of inheritance will apply to what you do not earn but inherit. If before death someone donates all of his assets(which he/she made herself) to any one will Islam limit that option? Courtesy: Lahore Real Estate ==========================================