Alhamdulillāh, Manzil Wills is a good fit for majority of Canadian Muslims (and Inshā Allah in the future, Muslims around the world). However, there are a number of situations that can add complexity to your will and require legal advice from a lawyer. These are the most common complexities that we see:
You’re looking for advice about your estate.
While our documents were created by our legal advisors in each of our active provinces, Manzil is not a law firm and we cannot give you any legal advice. If you have legal questions or need advice specific to your situation, seek assistance from a local estate lawyer.
You’re separated but not divorced.
Manzil treats separation as legally-married, meaning that you are not able to disinherit your previous spouse. If you are separated, seek advice from a lawyer to create a separation agreement and ensure that your property is passed on exactly how you intend.
You want to create a Henson trust.
A Henson Trust is often used by those who want to protect assets for a beneficiary living with a disability. Manzil does not offer the ability to create any trust (your Executor/Estate Trustee will set that up as part of their duties after the testator has passed) including a Henson Trust since there are many factors unique to a person’s situation that need to be considered. It’s best to seek legal advice from a lawyer with experience in creating Henson Trusts.
You want to create dual wills.
With dual wills, different wills are used to handle different assets either to deal with assets in multiple jurisdictions or to minimize probate fees. This requires careful consideration to ensure that one will does not revoke the other, a task best left to estate lawyers with experience creating dual wills.
It is strongly recommended that you seek legal advice if you own or have an interest in assets situated in a foreign jurisdiction, particularly if a foreign will is required to deal with those assets. Specifically, you should obtain legal advice in the jurisdiction(s) of those assets.
You want to create a will for someone else.
You cannot write a will on behalf of another person. A will is only legal if the testator is of sound mind and has written the will themselves.
You want to add custom clauses or complex wishes.
Willful doesn’t support adding free form text or custom clauses at this time, and we don’t support many complex scenarios (for example any “if this then that” scenarios, tiered wishes, or gifts that are dependent on something happening). If you want the ability to write in custom clauses, you may consider visiting a lawyer. Note that funeral/burial wishes aren’t legally-binding (outside of BC), so if it’s additional wishes related to those you can type up a letter outlining those wishes and store with your will. If you aren’t sure what constitutes a complex scenario, please reach out to us and we’re happy to direct you accordingly.
Other considerations related to Shariah Principles
You want to customize allocation of your estate and not based on Shariah principles.
If you would like to exclude a dependent like a child or spouse from your will, due to provincial laws that govern a child/spouse’s right to your estate, this will likely require an explicit note that Willful currently does not support. If this is something you require, it is best to work with an estate lawyer to draft your will accordingly. If you are concerned that a family member may challenge your wishes for any reason, you may want to seek legal advice to include specific instructions around their exclusion.
You have relative(s) who are Non-Muslim and therefore excluded from your Islamic Will, which can cause some challenges.
According to Shariah, non-Muslim relatives are not automatic Islamic heirs; therefore, they are only entitled to inherit through a bequest. Some provincial laws do govern a child/spouse's right to your estate, and so, if you choose to completely exclude them from your will (by not including them in your Bequests), you will likely require an explicit note that Manzil Wills does not support. If this is something you require, it is best to work with an estate lawyer to draft your will accordingly. If you are concerned that a family member may challenge your wishes for any reason, you may want to seek legal advice to include specific instructions around their exclusion.
There are many other situations or challenges that may arise, but these are the concerns which we have noticed are most common. Please do not hesitate to reach out to us through our Contact Page if you have any further questions.
