Wills & Administration Of Estates

  • A Will records your last wishes and dictates the manner in which distribution of your estate must be made.
  • Should you die without leaving a valid Will, the laws of Intestate Succession shall apply (Intestate Succession Act 81 of 1987). This means that your estate would be administered in accordance with the laws of South Africa, which distribution is contrary to Shariah.
  • An Islamic Will is especially important to members of South Africa's Muslim community to ensure that assets are dealt with and distributed in accordance with the Islamic Laws of Inheritance.
  • An Islamic Will ensures that your assets are distributed in accordance with Shariah, providing you and your heirs with financial peace of mind after your demise.
  • The Will must be in writing;
  • The Will must be signed on each page by the Testator and two (2) competent witnesses;
  • Witnesses must be independent and over the age of fourteen (14);
  • The Will must be dated in order to determine your last Will;
  • Any alterations must be initialled by you and your witnesses in the presence of each other;
  • Heirs to your estate should not witness the Will;
  • Signature by way of a thumb print or mark with an “X” is permissible and must be accompanied with a supporting Certificate from a Commissioner of Oaths
  • Any person aged 16 years or older can make a Will, provided he/she has the requisite capacity to do so.
  • Your eligible Shariah heirs to your estate can only be determined at the time of death and not at the time of making the Will.
  • You have the freedom of testation, which means that you can appoint an executor of your choice.
  • You may nominate Al Baraka Bank as executor as we have trained specialists to ensure that the South African legal requirements are met and that every aspect of the Shariah is fulfilled.
  • We act impartially in the distribution of your estate and assure you that your estate matters are handled with utmost confidentiality.

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