Islamic Wills Form

بِسْمِ اللهِ الرَّحْمٰنِ الرَّحِيْمِ

In the name of Allah the beneficent the merciful
Making a will (waṣiyyah) is strongly emphasized as a duty to ensure that one’s obligations are fulfilled, debts are settled, and any permissible bequests are clearly defined before death. It reflects accountability, justice, and preparedness for the Hereafter, ensuring that rights are not neglected after one’s passing.

The Prophet ﷺ said:

“It is not permissible for a Muslim who has something to bequeath to stay for two nights without having his will written with him.”
— Ṣaḥīḥ al-Bukhārī, Ṣaḥīḥ Muslim

Disclaimer *Canadafy provides only general administrative support and not legal, tax, accounting, or financial advice, and no professional relationship is created. All decisions, risks, and outcomes are your responsibility, with no guarantees, and all documents should be independently reviewed.AGREE

Your Name and Address

First Name *

Middle Name

Last Name *

Street Address *

Apartment, suite, etc

City *

State/Province *

ZIP / Postal Code *

Country *

Email Address *

Confirm Email Address *

Phone *

PreambleA preamble is a short message that you leave for your family and friends explaining your belief, faith and/or personal information; for example: “I believe and declare that there is no god worthy of worship except Allah, the One, the Most Merciful, the Creator of the heavens….” Note* If you select Yes, it will provide with a standard Islamic message in your will like the one above.YesNoYes, however, I would like to write my own Preamble

Write your own preamble *

Wills Vs Testamentary Trust

For the purpose of Testament, there are two types of legal documents that you can create which can take precedent upon your death, these are WILLS or TESTAMENTARY TRUST.

Difference between WILLS or TESTAMENTARY TRUST?
Purpose: A will distributes assets directly after death, while a testamentary trust holds and manages assets over time for beneficiaries.
Control: A will provides one-time distribution with no ongoing control, whereas a testamentary trust allows continued control through a trustee.
Suitability: A will suits simple estates with capable beneficiaries, while a testamentary trust is ideal for minor children or when protection and staged distribution are needed.

Example: In case of a WILL, since your minor child cannot own the property until they reach the age of majority, in BC it is 19, all the properties and moneys of the child will generally be held by court or public trust, the Executor or Guardian will not be able to use the property even for your child without the permission of the court. This create problem because every time there is an expense, such as school fess etc.., the executor or guardian will have to make it from their own pocket and seek reimbursement from the court. Although this is not the only arrangement, the court may also give money in advance or they may come to an arrangement suitable for the parties, however, the uncertainty remains. Other than that WILL is simple and less complex and Testamentary Trust is complex and requires thorough review.

Will or Testamentary Trust *WillTestamentary Trust

Name of the Executor

An executor is the person appointed in a will to carry out the deceased’s wishes, including managing the estate, paying debts, and distributing assets.

First Name *

Middle Name

Last Name *

Street Address *

Apartment, suite, etc

City *

State/Province *

ZIP / Postal Code *

Country *

Name of the Substitute Executor

In the event that the said Executor shall predecease or is unable, the Substitute Executor will take the position of the executor

First Name *

Middle Name

Last Name *

Street Address *

Apartment, suite, etc

City *

State/Province *

ZIP / Postal Code *

Country *

Executor or Trustee the same person or Different *Note** usually they are the same, however, its completely upto your discretion.SameDifferent

Name of the Executor Trustee

An executor trustee is the person who manages and administers trust assets for the benefit of the beneficiaries according to the terms of the trust.

First Name *

Middle Name

Last Name *

Street Address *

Apartment, suite, etc

City *

State/Province *

ZIP / Postal Code *

Country *

Substitute Executor Trustee

In the event that the said Executor Trustee shall predecease or is unable, the Substitute Executor Trustee will take the position of the Executor Trustee.

First Name *

Middle Name

Last Name *

Street Address *

Apartment, suite, etc

City *

State/Province *

ZIP / Postal Code *

Country *

Name of the Executor

An executor is the person appointed in a will to carry out the deceased’s wishes, including managing the estate, paying debts, and distributing assets.

First Name *

Middle Name

Last Name *

Street Address *

Apartment, suite, etc

City *

State/Province *

ZIP / Postal Code *

Country *

Name of the Substitute Executor

In the event that the said Executor shall predecease or is unable, the Substitute Executor will take the position of the executor

First Name *

Middle Name

Last Name *

Street Address *

Apartment, suite, etc

City *

State/Province *

ZIP / Postal Code *

Country *

Name of the Trustee

An Trustee is the person who shall hold the property in trust and manages and administers trust assets for the benefit of the beneficiaries according to the terms of the trust.

First Name *

Middle Name

Last Name *

Street Address *

Apartment, suite, etc

City *

State/Province *

ZIP / Postal Code *

Country *

Name of the Substitute Trustee

In the event that the said Trustee shall predecease or is unable, the Substitute Executor Trustee will take the position of the executor Trustee.

First Name *

Middle Name

Last Name *

Street Address *

Apartment, suite, etc

City *

State/Province *

ZIP / Postal Code *

Country *

Name of the Guardian

A guardian is the person appointed to care for and make personal and legal decisions for a minor child after the parent’s death.
NOTE**It can be the same person as Trustee or Executor**

First Name *

Middle Name

Last Name *

Street Address *

Apartment, suite, etc

City *

State/Province *

ZIP / Postal Code *

Country *

Name of the Substitute Guardian

A Substitute guardian is the person appointed if the main guardian is unable to take up the duty.
NOTE**It can be the same person as Trustee or Executor**

First Name *

Middle Name

Last Name *

Street Address *

Apartment, suite, etc

City *

State/Province *

ZIP / Postal Code *

Country *

Funeral and Burial Rights

In Islam, the prompt and dignified burial of the deceased is a sacred obligation (farḍ kifāyah) upon the community, and therefore these expenses take absolute priority over all other payments and distributions from the estate. The costs of washing (ghusl), shrouding (kafan), funeral prayer (janāzah), and burial must be discharged first, as they fulfil an immediate right owed to the deceased before any debts or inheritances are addressed.

The Prophet ﷺ said: “Hasten with the funeral…” (Ṣaḥīḥ al-Bukhārī and Ṣaḥīḥ Muslim), which establishes the importance of timely burial and justifies giving these rites precedence over all other estate obligations.

Nominate the one who should perform all these duties, could be a Sheikh of your local Mosque or could be a member of an Organisation or any other person. It can be the executor or trustee as well. Note that the expenses for it shall bear by your estate.

Do you want to designate the funeral? *Yes, I have an organisation or individual in mind.No, I want my executor to figure it out

Who is your Funeral processor? *Person/individualOrganisation

First Name *

Middle Name

Last Name *

Street Address *

Apartment, suite, etc

City *

State/Province *

ZIP / Postal Code *

Country *

Name of Organisation *

Street Address *

Apartment, suite, etc

City *

State/Province *

ZIP / Postal Code *

Country *

Charity or Waqf

In Islam, a Will enables a person to leave a portion of their estate as charity (ṣadaqah), benefiting others even after death. This charitable bequest is generally limited to up to one-third of the estate, after debts and expenses. It is a means of ongoing reward (ṣadaqah jāriyah), continuing to benefit the giver in the Hereafter.

Charity or Waqf *Charity or Waqf is not mandatory and there is a restriction as it cannot be more then one-third of the estate. Do you want to make charity through your estate?YesNo

Specific or General *If you chose General it means that from your estate it will be distributed according to the Islamic rules, so far as applicable. If you select the specific, than make sure that whatever the charity is going to be, it must not be more than one-third of the estate.GeneralSpecific

General distribution of charity according to Islamic Principle *General Islamic rule will apply and we will draft the charity rules accordingly. Please write the name and address of the charitable organisation or person to whom you would like to make the charity. It must not be the heirs or beneficiaries of your estate. You can add as many beneficiaries as you would like.

Specific distribution of charity according to Islamic Principle *Please make sure it is not more one third of your estate to comply with the islamic principle and do not donate to the already heirs or estate beneficiaries. Include the NAME and ADDRESS and how much or what you would like to donate. Please feel free to include any other information that you would like.

Distribution of the Property

Please select your preferred method of distribution of your estate in accordance with your wishes:

a. Distribution in accordance with Islamic principles (Mawārith) — Your estate will be distributed strictly in accordance with established Islamic inheritance rules, and the general provisions of the Will shall apply accordingly. IF YOU CHOSE THIS OPTION WE WILL DRAFT YOU THE DOCUMENT STRICTLY IN ACCORDANCE TO THE ISLAMIC PRINCIPLE.

b. Nomination of a single recipient for onward distribution — You appoint one individual (e.g., spouse or trusted family member) to receive your estate, with the expectation that such person shall distribute it among rightful beneficiaries in accordance with Islamic principles. THIS OPTION IS SELECTED WHEN YOU FEEL COMFORTABLE GIVING ALL THE PROPERTY TO YOUR SPOUSE OR PARENTS WHOM YOU BELIEVE WILL DISTRIBUTE THEM ACCORDING TO THE ISLAMIC RULINGS.

c. Specific allocation by you — You will personally specify the distribution of your estate by naming beneficiaries and assigning precise shares or amounts to each, based on your understanding and wishes. YOU WILL TAKE CHARGE OF IT, SPECIFY EVERY SINGLE PROPERTY AND TO WHOM IT WILL BE DISTRIBUTED. WE MAY HAVE TO GO BACK AND FORTH IF YOU CHOSE THIS OPTION.

Distribution in accordance with Islamic principles (Mawārith)Nomination of a single recipient for onward distributionSpecific allocation by you

First Name *

Middle Name

Last Name *

Street Address *

Apartment, suite, etc

City *

State/Province *

ZIP / Postal Code *

Country *

Specific Allocation by you *In a chronological manner list the Name, Address, Relationship to you, The description along with the specification of the assets you would like to give, example: 1. John Doe, 123 Oxford Street, all my cash and bank balance.

Two Witnesses

Name and address of two witnesses. They should be different than the executor or trustee

First Name *

Middle Name

Last Name *

Street Address *

Apartment, suite, etc

City *

State/Province *

ZIP / Postal Code *

Country *

First Name *

Middle Name

Last Name *

Street Address *

Apartment, suite, etc

City *

State/Province *

ZIP / Postal Code *

Country *

Do you want to notarise your will? *It is not mandatory for you to notarise the will, however, if you want to notarise we will put a field in the draft that can be used by your NotaryYesNo

Do you want to register your will? *It is not mandatory for you to register the Will and you are not legally required to do so. Usually this option is taken by those who is doubtful on keeping the will in a secured location. Extra Fees + Service Charge shall be applicable.YesNo

Special Instructions

Any special instructions, for example:
Digital & Personal Matters

Handling of digital assets (emails, social media, crypto)
Distribution or destruction of personal documents
Care of pets

Dispute & Protection Clauses

Exclusion of specific individuals

Residual & Miscellaneous

What happens if a beneficiary predeceases
Instructions for unclaimed or residual assets
Guidance for unforeseen circumstances

Donation for this project!! *As a final step, you may, if you so wish, make a voluntary contribution to support this service and its continued benefit to others, as a form of Sadaqah and ongoing reward.Yes, I would like to donateNo, I do not want to donate

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