If any of the following apply to you...

If any of the following apply to you, it may be advisable to seek specialist advice when writing your Will: • If you live, or own property or assets anywhere in the world. • If you own a business. • If you have previously been married and/or have children from a previous marriage or relationship.

Our Holy Prophet Mohamed (S.A.W.) said: “It is not proper for a Muslim to pass two nights except that his/her (last) Will and Testament is near his/her pillow.” “One who goes from this world after making a good Will dies the death of a martyr.” “A person who without making a Will, dies the death of a pagan.” Although according to Islamic law a Will need not necessarily be in writing or in any particular form of verbal declaration to constitute a WASIYYAT**,** the present day world requirements and laws of the land makes it obligatory upon a person to prepare a Will in writing to ensure speedy disposal of wealth, to avoid unforeseen hardships to the family members and to alleviate unnecessary problems for the administrators.

If a Will is not made in writing, then: The foremost problem arises as to who will administer and distribute the estate and usually the nearest relative or friend takes over.

The administrators (Executors, Trustees) of deceased's estate cannot easily obtain PROBATE (Power to distribute the wealth) from a Court of Law, as it is time consuming, and in some countries like Kenya, in order to obtain Grant of Letter of Administration, two SURETIES would be required, each one having to give SURETY amounting to twice the value of the deceased's gross estate. It is obviously difficult to get such sureties, and going to a bank for surety would entail unnecessary expenses.

Pending the receipt of Probate, the Bank account of the Deceased would be frozen and the beneficiaries would not be in a position to draw from the Bank for the Household maintenance, unless there is a joint account and either party is surviving. However, one can always obtain an interim or limited grant for specific purpose, say to operate a business or bank account etc, with a view to preserving the deceased's estate pending full grant.

There is a likelihood that certain acts for example Hajj, prayers and fasts for so many days missed by the deceased during his lifetime, would remain unperformed; and certain wishes of the deceased would remain unfulfilled. In case no one is willing to become a Trustee, the government (Public Trustee Department) will take over the administration.