WHAT HAPPENS IF I DO NOT HAVE AN ISLAMIC WILL?
If you do not have an Islamic Will, Islamic law will not be applied when your Estate is administered, and your Islamic Heirs will potentially be at a disadvantage in terms of the inheritance they ought to have received.
IS IT COMPULSORY FOR MUSLIMS TO DRAW UP A WILL?
Yes, it is compulsory. Islamic law is currently not recognised in South Africa and if there is no Islamic Will, or any Will for that matter, the Intestate Succession Act would govern the administration of the Estate.
WHY ARE ADOPTED CHILDREN EXCLUDED AS ISLAMIC HEIRS?
Adopted children hold no blood relation or blood ties to the Testator. However, they can be allocated a bequest (Wassiyah) in an Islamic Will, provided that it does not exceed one-third of the value of the Estate.
CAN I APPOINT CAPITAL LEGACY BOARD OF EXECUTORS AND TRUSTEES TO BE MY EXECUTOR?
Yes. The Capital Legacy Board of Executors and Trustees (CLBOET) are fully licensed and employ the expertise and knowledge of the Tazkiya™ Shari’ah Advisory team of Islamic Scholars to provide sound expertise and advice regarding Shari’ah requirements when administering an Estate.
CAN A NON-MUSLIM RELATIVE INHERIT? FOR EXAMPLE, A NON-MUSLIM WIFE?
No, but they can be allocated a bequest in an Islamic Will, provided that the sum of all bequests does not exceed one-third of the Estate. Alternatively, they can be nominated as Beneficiaries of the MyCover™ extender on the Tazkiya™ Family Takaful.