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Wills & Estates

Wills and Powers of Attorney -

Whether you're married or single, with or without children, a Will is something that everyone should have. Kayani Law Firm is experienced in helping our clients with the preparation of their Wills. and providing peace of mind to you and your loved ones.

At KAYANI LAW FIRM we will tailor your Will to your individual situation. We meet with you to establish the nature and extent of your assets and how best to draft your Will given your family’s state of affairs. We will provide you with a draft to review and if everything meets your requirements, we will meet with you again to review and execute the Will. We ensure that you and your family are protected during and after your lifetime byassisting you in the preparation of Wills, Powers of Attorney for Property and Personal Care according to your provisions and requirements.

Without a proper Will, Ontario law decides who will receive your money and property. You will not be able to appoint a guardian for your minor children. If you are separated, your separated spouse can inherit your entire estate. As well, you will not be able to choose the person who will distribute your estate, arrange your funeral and ensure that all your debts and liabilities are paid.

Preliminary Considerations

Important, preliminary decisions must be made in preparation for completion of your Will:

  • Who will act as your Estate's Executor and Alternate Executor?
  • How do you wish the assets of your Estate to be distributed or divided?
  • Do you wish to make special provisions for  any important items or heirlooms?
  • Do you have any assets that will require specific planning or management?
  • If you have children, who will be named as their guardian(s)?
  • If minors may become beneficiaries under your Will, at what age(s) do you wish that your bequests be granted to them?

It will be important to give thought to these issues in order to provide comprehensive instruction to your lawyer, so that your Will can be completed. Your lawyer will also be able to provide advice and guidance as to these concerns.

Islamic Will According to Shariah

  1. What is an Islamic Will? An Islamic Will is a Shariah compliant Will valid under Canadian Law< What are the Islamic Inheritance Laws?
  2. The basic principle applied to how a Muslim’s wealth must be distributed on his death is as follows:
  1. First, all debts and funeral expenses must be paid;
  2. Second, a gift of up to one third of the remaindermay be left to anyone not entitled to a fixed share, such as to charity or more distant relatives. In the absence of any gifts, the entire estate will be distributed to the closest relatives; and
  3. Finally, the remainder must be distributed to the surviving close relatives in the fixed shares prescribed in the Qur'an. This is normally the parents, spouse and children.

What are the differences between an Canadian Will and an Islamic Will?

 

Canadian Will

Islamic Will

Distribution of Wealth

• No restrictions. You choose the beneficiaries and how much they each receive.

• The Qur'an has chosen who the beneficiaries are and how much they each receive; however, you can give up to 1/3 of your estate as gifts to others.

Burial Arrangements

• No restrictions.

• Ensures that you have a Muslim Burial and prohibits any unnecessary autopsy.

Payment of Obligation

• Pay all debts, taxes due and funeral expenses.

• Pay all debts, taxes due, and funeral expenses; as well as any outstanding Mahr, Zakat and Fidya.

Powers of Trustees

• Wide powers to administer estate.

• Limits powers of investment to those compliant with the Shariah.

Jurisdiction

• Valid under Canadian law.

• Valid under Canadian and Shariah Laws

Do I really need a Will? What is intestacy? What happens if I never complete a Will?

In Ontario, if you die without a valid, complete Will, an intestacy is created, and the distribution of your Estate will be governed entirely by the Succession Law Reform Act.

This law provides for a complicated mechanism of determining which of your family members will inherit specified portions of your Estate, depending on the amount you leave and the closeness of your relatives' familial relationship to you.

Where there is an intestacy, a surviving spouse is entitled to a preferential share of the Estate - the first $200,000.00 in value. The residue thereafter is divided between the surviving spouse and surviving children. If there is only one child, the spouse and child divide on a 50-50 basis. If there is more than one child, the spouse is entitled to one-third, and the remaining two-thirds is divided equally between the children. If there is no spouse and no children, the Estate will pass to a parent or parents. If no parents survive, the Estate will pass to brothers or sisters of the deceased. Absent surviving siblings, the property of the estate will be distributed among the nephews and nieces of the intestate equally.

If there are no surviving nephews and nieces, however, the ranking "next of kin" as defined in the Act are entitled to share in the Estate. This scheme is further complicated by Ontario's Family Law Act.

The FLA entitles a surviving spouse to elect either to take under the Will/intestacy, or alternatively, under the Act's property division and equalization scheme (ordinarily applicable upon marital separation/divorce).

About Kayani Law Firm

We are committed to providing skillful and professional legal advice to individuals as well as the business community

Practice Area

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Contact US

  •   info (@) kayanilaw.com
  •   +(905) 281-8600
  •   +(905) 281-9909
  •   2246 Britannia Road West, Mississauga, ON, L5M 1R3

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