1. Canadian Islamic Wills
AR Law
Areesha M. Raja
Barrister & Solicitor

2. Topics Legal Check-up Introduction of Islamic/Shariah Wills
Canadian Wills
Distribution and inheritance in Islam
Dying Without a Will
Legal Issues in the Muslim Community

3. LEGAL CHECK-UP LIVING WILL: WILL: Power of Attorney for Personal Care
Power of Attorney for Property
WILL:
Do you have children?
Do you own property in Canada?
Do you owe have debt?
Are you holding money for someone else?
Did you get married after making your will?

4. Al-Wassiyah
“It is prescribed for you that when any of you approaches death, if he leaves any good, let him make a will for the parents and other relatives”[2:180]

5. Canadian Wills
Will: Legal Document, distribution of property after death
Testator: Person who is making the will
Executor: Person/manager appointed to divide/liquidate wealth
Trustee: Person appointed to handle trusts.
Beneficiary: Person whose benefits from will (Spouse/children)

6. What you need to do to have a valid will?
Types of Wills:
Formal Will
Holograph Will
Notarized Will (Quebec)
What you need to do to have a valid will?
Written documentation that is signed, directing the distribution of your property when you die.

7. Wills in Canada in line with Shariah
How do you distribute your wealth and draft your will according to Shariah law?
Attach a schedule to your will
Name an Imam in your will that will decide the distribution.
Islamic Inheritance Calculator:

8. Dividing according to Shariah Law:
Testator cannot bequest more than 1/3 of his net estate.
It is permissible for the parents to gift a property or some wealth to a specific child while alive (though fairness to all children is encouraged). That property is now the ownership of the child, therefore it is not considered part of the inheritance. 
The other scenario would be that the parents inform and seek permission from all the children of what they intend to do (verbally or in writing), there after that can be included in the will. 

9. DYING WITHOUT A WILL (INTESTATE)
Consequences:
A spouse doesn’t not automatically inherit all of the property
Spouse does not have a right to decide how property will be divided among children.
Spouse cannot choose who will handle arrangements for division of estate assets.
Next-of-kin do not have the right to decide how to divide up the estate, to minimize tax.
Distribution of estate decided by rigid legislation
Delay can be for more than one year since death.

10. SUCCESSION LAW ACT OF ONTARIO
Spouse: Entire Estate to spouse Spouse + 1 child: First $200, to spouse, remainder split evenly Spouse and children: First $200, to spouse. Remainder: one-third to spouse, two thirds to children divided equally. No Spouse +children: All children share equally. No spouse, no children: Entire estate to parents, if no parents then siblings share equally. No lawful heirs: Property of Province.

11. THE FAMILY LAW ACT
Surviving spouse is given 6 months to make an election under FLA.
Under the FLA, at the death of a spouse, the surviving spouse can claim for an equalization payment under the FLA instead of taking under the will.

12. What to include in your will:
Who you want to give your property to after you die
Gifts you want to make to friends, family and charities.
Guardianship of children
Burial requests
Trusts for children/grand children

13. What Happens to your Will after you die?
Trustee will have the will probated.
Trustee will make an application for a “Certificate As Trustee With a Will”
Trustee will pay probate fees on the deceased property:
$5.00 for every $ (<$50,000)= $250.00
$15.00 for every $ (>50,000) =???
Court will issue the Certificate.
Trustee takes certificate to banks, real estate lawyers, accountants etc.

14. Questions:
What is better, give under a will or put child in joint ownership of property?
Should all my bank accounts be joint with someone?
What about my jewelry?
What if I die without a will and my children divide my property equally among themselves?

15. Scenario #1 House owned by husband and wife as joint tenants.
3 children
Bank account in husbands name
Rental condominium
Husband dies without a will

16. Scenario 2: Husband and wife own a house jointly.
Husband in his will leaves the house to his children according to Shariah’ rulings.
Husband dies, wife does not agree to the distribution of the property.

17. CALCULATE ESTATE ADMINSTRATION TAX
Assets at death: Matrimonial home: $250,000 Muskoka Condominium: $350,000 Pension Plan (husband Beneficiary): $100,000 Term of life insurance with estate as Beneficiary: $75,000 Jewelry: $18,000 Bank accounts: Own: $7,500 Liability at death: Mortgage on Muskoka Property: $50,000 Visa Bill $10,000

18. CALCULATE ESTATE ADMINSTRATION TAX
Assets at death:
EXCLUDED Matrimonial home: $250,000
INCLUDED Muskoka Condominium: $350,000= $350,000
EXCLUDED Pension Plan (husband Beneficiary): $100,000
INCLUDED Life insurance (estate Beneficiary) $75,000= $75,000
INCLUDED Jewelry: $18,000= $18,000
INCLUDED Personal bank accounts: $7,500= $7,500
Liability at death:
INCLUDED Mortgage on Muskoka Property: $50,000
EXLUDED Visa Bill $10,000
TOTAL: $400,500
Tax: 50,000 x 5 per thousand= $250.00
351,000 x 15 per thousand= 5, $ TAX

19. Legal Issues facing oUr UMMAH:
Consequence of an invalid will
Will Challenges
Family law issues