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Mirath - The Laws of Islamic Inheritance

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For a person's will to be legally valid, they must be:<br />

! 'mentally capable' (which means they fully understand what they<br />

are doing in writing their will);<br />

! and at least 18 years old (though you can make a will if you are<br />

younger and on active military service).<br />

<strong>The</strong> will must:<br />

! have been made without 'undue influence' (for example, without a<br />

threat from someone);<br />

! be in writing;<br />

! be signed by the person whose will it is (the 'will-maker 'or 'testator')<br />

and by two witnesses, who must all be together when the signing is<br />

done;<br />

! and be dated when it has been signed. No amendments or<br />

additions can be made after the will has been signed.<br />

Any person who is over 18 can sign as a witness. However, the<br />

witnesses and executors must not be people who benefit from<br />

bequests in the will. If you witness a will and you are named as a<br />

beneficiary through a bequest, you will lose your right to that bequest<br />

when the person dies.<br />

<strong>The</strong> following example is being used to explain what goes in the will.<br />

24<br />

Khalid _________________________________________________________<br />

Wife Mother Father Son Sister Brother<br />

1/8 1/6 1/6 Residue Bereft<br />

3 4 4 13<br />

Aunt<br />

89

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