Securing Your Legacy: The Vital Role of Wills Week and Islamic Estate Planning”

As part of the AMAL initiative, we recognize the importance of financial literacy and legal awareness in our communities, particularly in ensuring that these align with the values and principles of our faith. One significant event that highlights these values is Wills Week, observed this year from 16 to 20 September 2024. This annual initiative is not just a time to reflect on the legal implications of will-making but also serves as a critical reminder of the importance of estate planning in safeguarding one’s legacy in accordance with Islamic principles.

Wills Week is an initiative driven by the legal fraternity, most notably by the Legal Practice Council (LPC), with the primary aim of increasing public awareness about the importance of having a will. The initiative, which has been running for over a decade, sees attorneys offering their services free of charge to assist in drafting basic wills for members of the public. The roots of Wills Week lie in a broader concern about the number of South Africans who pass away without leaving a will. According to the Master of the High Court, a large percentage of South Africans die intestate (without a will), leading to complications, delays, and disputes among surviving family members. This situation often exacerbates the grief and stress associated with losing a loved one. The LPC’s response, through Wills Week, has been to make legal services more accessible and to emphasize the peace of mind that comes with having one’s affairs in order.

The significance of Wills Week extends beyond the provision of free services. It represents a concerted effort to educate the public about the legal and financial implications of not having a will. By bringing the conversation to the forefront, Wills Week encourages individuals to think critically about their legacies and the futures of their loved ones.

In the context of Islamic law, the importance of having a will, or “wasiyyah,” is even more pronounced. A will in Islam not only ensures the distribution of one’s wealth according to Shariah but also reflects the individual’s responsibility towards their family, community, and faith. Islamic wills are a way to fulfil religious obligations, such as settling debts and making bequests to non-heirs (up to one-third of the estate) without infringing on the rights of the fixed heirs as prescribed by Islamic law.

In South Africa, Islamic wills are recognized under the law, provided they comply with the legal requirements of will-making. This means that while the will must meet the general criteria of validity under South African law, such as being signed by the testator in the presence of witnesses, it can also include provisions that align with Islamic inheritance laws. This dual consideration ensures that Muslims can fulfil their religious obligations while also adhering to the legal framework of the country.

Estate planning, with a will as its cornerstone, is an essential aspect of financial planning for Muslims and non-Muslims alike. A will is not just a document that specifies who will inherit your assets after your death; it is a powerful tool that allows you to control how your estate is managed and distributed. Without a will, the state steps in, applying intestacy laws that might not align with your wishes or religious beliefs. This can lead to unintended consequences, such as assets being distributed in a way that causes conflict among heirs or leaves dependents financially insecure.

A will also allows you to appoint a guardian for minor children. For parents, this is perhaps the most critical reason to have a will. Without a designated guardian, the courts will decide who raises your children, which might not align with your preferences. Additionally, clear instructions in a will can reduce the likelihood of disputes among family members. When there is no will, or when a will is unclear, it can lead to misunderstandings and legal battles that can drag on for years.

Munirah Osman