RESOURCES

As wills/estates lawyers practicing in Ontario, we understand the evolving needs of our clients and the importance of cultural competence in meeting those needs. Estate planning, especially testamentary disposition, goes beyond mere legal documentation; it encapsulates an individual’s foresight, decision-making, and directives for asset distribution and management of affairs after death. Therefore, it is of paramount importance to understand clients’ specific needs!

At its core, a Will in Ontario serves as the corner stone of personal and financial planning empowering and individual to designate estate trustee for administration of their estate, appoint guardians to safeguard the welfare of minor children, distribute assets among beneficiaries, and settle outstanding debts.

Within this legal framework, the Muslim community in Ontario faces unique considerations rooted in the doctrines of Islamic law, specifically the need for a Sharia-compliant Will. According to Islam, an individual’s assets are divided into two parts: Faraid and Wasiyyah. Faraid represents two-thirds of the deceased’s property and must be divided according to Shari. The Wasiyyah is the portion of the Will that the individual can allocate as they see fit.

Muslims have a religious obligation to ensure the equitable distribution of assets in accordance with Sharia principles, including directives addressing burial procedures, religious obligations, and adherence to inheritance rules. Islamic inheritance rules are grounded in equity and familial responsibility, establishing the rightful distribution of assets among designated heirs.

Faraid are divided among the following:

• Quota-heirs: Specifically identified shareholder (i.e. spouses, children and parents).

• Residuary: Relatives who come second in line after the shares of the Quota-heirs (i.e. siblings, grandparents, nieces, and nephews).

• Extended family: Any blood relative who is not a Quota-heir or a Residuary (i.e. uncles and aunts).

Crafting an Islamic Will represents the appropriate combination of legal expertise and understanding, in providing Muslims in Ontario a means to honor their religious obligations while protecting their family’s interests and adherence to legal framework.

Please feel free to directly contact our Associate Lawyer, Muhammad Wajahat Faizan through email at mwfaizan@kormans.ca to help develop a comprehensive and practical estate plan that respects your religious beliefs and adheres to the appropriate legal requirements!

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M. W. Faizan is an Associate Lawyer at Kormans LLP. You can reach M. W. Faizan here: mwfaizan@kormans.ca.

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