Islamic Last Will Template - Walkthrough

A simple DIY Islamic Last Will Template for Canadians

Get the Islamic Last Will Template

The Islamic Last Will Template is part of the MuslimMoney Will Kit. You can get access to the will kit for free by entering your first name and email address:

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What You Should Know About This Template

There are several Islamic Will templates available online. This template has the following features:

1. Includes essential elements of an Islamic Will:
   1. burial instructions
   2. executor appointment
   3. distribution guidelines
   4. guardianship (if applicable)
   5. trustee appointment (if applicable)
2. Excludes supplementary elements
   1. Advice to one’s family is best reserved for your Legacy Letter.

How to Use the Template

Use the information from your Islamic Will Workbook (you would’ve completed this in Step 1 of the Islam Will and Legacy process) to customize the your Islamic Last Will and Testament.

How to Finalize Your Will

How Do I Make My Islamic Will Legal?

An Islamic Will is not a legal document in Canada until you:

1. You print it
2. Sign it in the presence of two witnesses
3. Have the two witnesses sign it n your presence and in the presence of each other.
   • Witnesses must be at least 18 years old (19 years old in some provinces) and cannot be one of your beneficiaries or the spouses of one of your beneficiaries.

• The act of you and your witnesses signing the Will is called “Executing the Will.”
• Once a will is “executed,” it becomes a proper legal document.

What is an “Affidavit of Execution”?

An “affidavit of execution” involves having one of the witnesses swear a formal statement in front of a notary public or commissioner for oaths, attesting to the validity of the will and its proper execution.

All lawyers can act as notaries public or commissioners for oaths, but you can also find non-lawyer commissioners for oaths through a simple Google search.

Do I Need an Affidavit of Execution to Make an Islamic Will a Legal Document?

No.

An affidavit of execution is not required to make your Islamic will legally valid. Your will becomes a legal document once you:

• You print it
• Sign it in the presence of two witnesses
• Have the two witnesses sign it in your presence and in the presence of each other.

Should I Still Get an Affidavit of Execution?

Probably.

While the affidavit isn’t needed for the Will’s legality, it becomes critical during probate.

When your executor submits your Will for probate, the Affidavit of Execution is submitted with it.

If you skip this step during your Islamic Will and Legacy Plan, you’re essentially passing that burden onto the executor who will need to track down one of the original witnesses to swear a new Affidavit after you die.

If witnesses are unavailable (e.g., moved, deceased), the court may demand alternative evidence (e.g., comparing your signature to other documents).

This can delay probate for months and create unnecessary stress.

Province-by-Province Requirements for a Legal Islamic Will

General Requirement for All Provinces

• You must be of sound mind when making your will. This means you understand what a will is, what you own, and who might expect to inherit from you.

Alberta

• You must be at least 18
• Need two witnesses, also 18 or older
• You must sign your will in the presence of two witnesses. Then, both witnesses must sign the will in your presence and in the presence of each other
• Your witnesses can’t be people who’ll inherit from you (or their spouses)

British Columbia

• You must be at least 19
• Need two witnesses, 19 or older
• You must sign your will in the presence of two witnesses. Then, both witnesses must sign the will in your presence and in the presence of each other
• Your witnesses can’t be people who’ll inherit from you (or their spouses)

Manitoba

• Usually, you must be 18, but there are exceptions:
• You can be younger if you’re married
• You can be younger if you’re in the military on active duty
• You can be younger if you’re a sailor at sea
  • Need two witnesses, 18 or older
  • You must sign your will in the presence of two witnesses. Then, both witnesses must sign the will in your presence and in the presence of each other
  • Your witnesses can’t be people who’ll inherit from you (or their spouses)

New Brunswick

• You must be at least 19
• Need two witnesses, also 19 or older
• You must sign your will in the presence of two witnesses. Then, both witnesses must sign the will in your presence and in the presence of each other
• Your witnesses can’t be people who’ll inherit from you (or their spouses)

Newfoundland and Labrador

• You must be at least 17
• Need two witnesses, 19 or older
• You must sign your will in the presence of two witnesses. Then, both witnesses must sign the will in your presence and in the presence of each other
• Your witnesses can’t be people who’ll inherit from you (or their spouses)

Nova Scotia

• You must be at least 19
• Need two witnesses, also 19 or older
• You must sign your will in the presence of two witnesses. Then, both witnesses must sign the will in your presence and in the presence of each other
• Your witnesses can’t be people who’ll inherit from you (or their spouses)

Ontario

• You must be at least 18
• Need two witnesses, also 18 or older
• You must sign your will in the presence of two witnesses. Then, both witnesses must sign the will in your presence and in the presence of each other
• Your witnesses can’t be people who’ll inherit from you (or their spouses)

Prince Edward Island

• You must be at least 18
• Need two witnesses, also 18 or older
• You must sign your will in the presence of two witnesses. Then, both witnesses must sign the will in your presence and in the presence of each other
• Your witnesses can’t be people who’ll inherit from you (or their spouses)

Quebec

• You must be at least 18
• Need two witnesses, also 18 or older
• You must sign your will in the presence of two witnesses. Then, both witnesses must sign the will in your presence and in the presence of each other
• Your witnesses can’t be people who’ll inherit from you (or their spouses)

Saskatchewan

• You must be at least 18
• Need two witnesses, also 18 or older
• You must sign your will in the presence of two witnesses. Then, both witnesses must sign the will in your presence and in the presence of each other
• Your witnesses can’t be people who’ll inherit from you (or their spouses)