Expert Muslim-Australian Estate Planning and Islamic Will Lawyers
- Sharia-compliant advice under Australian law
- Custom Islamic Wills for legal and faith-based needs
- Trusts, guardianship, and inheritance planning
- Support with probate and family matters
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Understanding Islamic Wills (Wasiyyah) and Estate Planning
An Islamic Will (Wasiyyah) is both a religious duty and a legal tool that ensures your wishes follow Sharia and comply with Australian law. At LawBridge, we guide you through this process with clarity and care.
The Importance of a Wasiyyah in Islam
In Islam, preparing a Will is a religious duty. As stated in a hadith from Sahih Bukhari, it is not permissible for a Muslim with assets to delay writing a Will. A Wasiyyah ensures that your estate is distributed correctly, debts and religious obligations are addressed, and your burial wishes are respected in line with Islamic teachings.
Ensuring Compliance with Australian Law
An Islamic Will can be fully valid in Australia if it meets two key conditions:
Sharia Compliance: It reflects Islamic rules of inheritance (Mawarith).
Legal Formalities: It satisfies state requirements (written, signed, and witnessed properly).
Australian law respects testamentary freedom, so a properly drafted Islamic Will can distribute your estate in line with your religious beliefs and legal obligations.
Key Differences from Standard Wills
While Islamic and standard Wills share the purpose of guiding asset distribution, a Wasiyyah differs in several important ways:
Fixed Shares: Distribution follows the Qur’anic inheritance structure (Surah an-Nisa), limiting personal discretion.
Eligible Heirs: Only Muslim heirs typically qualify under Sharia.
One-Third Bequest: Up to one-third of your estate can be left to non-heirs, including non-Muslims or charities.
Religious Duties: Outstanding obligations like Zakat are settled from the estate.
Funeral Wishes: Instructions for Islamic burial practices are commonly included.
Our Services
Our Comprehensive Islamic Estate Law Services
LawBridge offers a full suite of services designed to address the specific estate planning needs of the Muslim community in Australia. We ensure your plans are compliant with both Islamic principles and Australian law.
1
Drafting Legally Compliant Islamic Wills (Wasiyyah)
We specialise in drafting Islamic Wills that follow the Mawarith (Faraid) inheritance rules and meet all NSW and Australian legal requirements. Your Will is prepared to clearly reflect your wishes while ensuring religious and legal validity.
2
Comprehensive Estate Planning and Testamentary Trusts
Choosing the right business structure is critical. We provide guidance on selecting from sole trader, partnership, company, or trust structures based on your business size, goals, liability considerations, and tax implications. This advice helps optimise your business operations and legal protections.
3
Powers of Attorney & Guardianship
Our expertise in franchising law supports clients entering franchise arrangements. We ensure franchise agreements and disclosure documents comply with legal requirements, protecting your interests and helping you understand your rights and obligations under franchising laws.
4
Advanced Health Care Directives
We assist in preparing Advanced Health Care Directives that document your wishes for future medical care. These directives provide clarity and help ensure your treatment preferences align with Islamic beliefs if you become unable to speak for yourself.
5
Appointing Guardians for Minor Children
Your children’s well-being is vital. We help you nominate guardians within your Will and establish financial structures, such as trusts, to ensure they’re cared for and provided for in line with your values and intentions.
6
Probate and Estate Administration for Islamic Wills
If appointed as an executor, we guide you through probate and estate administration, including applying for Grants, managing debts (including Zakat), and distributing assets per the Will and Australian law.
7
Inheritance Dispute Resolution and Family Provision Claims
We represent clients in inheritance disputes involving Islamic estates, including challenges to a Will’s validity or claims for further provision. We handle these matters sensitively, with cultural awareness and legal precision.
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Our Process for Islamic Wills and Estate Planning
Creating an Islamic Will and estate plan requires careful consideration of both your faith and Australian legal requirements. Our process is designed to guide you through each step, ensuring your wishes are accurately reflected and legally protected.
1
Initial Consultation: Understanding Your Needs
We begin with a detailed consultation to understand your personal, family, and financial situation. We discuss:
Your estate planning goals
Islamic inheritance requirements (Sharia)
Asset structure and family dynamics
This helps us tailor our legal advice and build a foundation for your estate plan.
2
Strategy Development and Document Drafting
Using the insights from our consultation, we design a custom estate plan that balances Sharia principles with Australian law. This may include:
A compliant Islamic Will (Wasiyyah) following the Mawarith
Powers of Attorney and Enduring Guardianship documents
Advanced Health Care Directives
Guardian nominations and testamentary trusts
All documents are drafted with care to reflect your faith and meet legal requirements.
3
Review, Finalisation, and Secure Storage
We review your documents in detail, ensuring clarity and accuracy. This includes:
Explaining legal terms in plain language
Making final adjustments based on your feedback
Ensuring correct signing and witnessing for legal validity
Discussing secure storage for your Will and key documents
This final step gives you peace of mind knowing your estate is protected and your intentions are clear.
Why Choose LawBridge for Your Islamic Will and Estate Needs
Our lawyers bring deep expertise in commercial and business law, with a strong track record advising Sydney businesses. We combine legal precision with commercial insight to protect your interests across all business matters.
Deep Understanding of Islamic Law Requirements
We specialise in Sharia-compliant estate planning and Islamic Wills (Wasiyyah), ensuring your wishes are religiously sound and correctly reflect:
The obligation to prepare a Wasiyyah
The Mawarith inheritance structure
Beneficiary and bequest rules under Islamic law
Expert Knowledge of Australian Succession Law
Our team ensures your documents meet all legal standards in NSW and Australia, making your Will:
Legally valid and enforceable
Compliant with witnessing and execution laws
Faith-aligned and protected under Australian law
Culturally Sensitive, Client-Focused Service
We take the time to understand your personal, family, and faith-based needs. Our approach is:
Respectful and confidential
Clear and easy to follow
Focused on long-term trust and support
100% Obligation-Free
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Practice Areas
Our Expertise
We provide commercially astute legal advice and solutions for businesses operating in NSW and across Australia. From corporate structuring and transactions to litigation and compliance, our focus is on delivering pragmatic strategies that protect your interests and drive your commercial objectives forward.
LawBridge offers specialised legal counsel tailored to the unique needs of the not-for-profit sector. Leveraging deep experience within charities and educational institutions, we provide guidance on governance, compliance, structuring, and operational matters, helping organisations advance their mission effectively.
Navigating Australia’s migration landscape requires expert guidance. Our team assists individuals and businesses with a comprehensive range of migration matters, ensuring clarity and strategic support throughout the application and compliance process to achieve successful outcomes.
We understand that personal legal matters require sensitivity and expertise. LawBridge provides clear, practical advice on personal law issues including family law, wills, and estate planning, ensuring your personal interests and assets are protected with a strategic, results-oriented approach.
What Our Happy Clients Say
Our clients trust LawBridge to provide clear, reliable legal support that keeps their charities and not-for-profits compliant and confident.
Team
Experienced Islamic Wills and Estate Law Practitioners
At LawBridge, our legal team includes specialists in Islamic wills, probate, and estate planning. We bring deep understanding of both Sharia principles and Australian law to ensure your estate plan is compliant, valid, and aligned with your faith. Our culturally sensitive and experienced lawyers provide tailored guidance to help you protect your legacy and honour your wishes with confidence.
Adam Jacobs
Founding Partner
Ramia Abdo Sultan
Founding Partner
Mohamad Kammoun
Managing Partner - Cofounder
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Insights
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Stay informed with our latest thinking on legal developments, commercial challenges, and opportunities across the sectors we serve.
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Frequently Asked Questions about Islamic Wills Law
Planning your estate in accordance with both Islamic principles and Australian law can raise important questions. Below are answers to common queries to help guide your decision-making and ensure peace of mind.
What is a Will?
A Will is a legal document that outlines your wishes for how your assets should be distributed after your death. This document also appoints an executor, who is responsible for managing your estate and ensuring your instructions are followed. Your Will specifies who you wish to receive your assets and identifies those assets.
What happens if I do not have a Will in Australia?
If you pass away without a valid Will in Australia (known as dying intestate), you lose control over who inherits your assets. Australian succession legislation dictates a strict order of beneficiaries based on family relationships. This legal distribution may not align with your personal wishes or automatically adhere to Islamic principles for inheritance.
How is an Islamic Will different from a Standard Australian Will?
An Islamic Will differs from a standard Australian Will primarily in its distribution method, which follows the Mawarith schedule outlined in the Qur’an. It also typically includes specific wishes for an Islamic burial, addresses the payment of religious debts like Zakat, and adheres to Sharia rules regarding eligible Muslim beneficiaries, although up to one-third of the estate can be bequeathed (Wasiyyah) to others. Standard Australian Wills offer more discretion in choosing beneficiaries and distribution shares.
Can an Islamic Will be recognised under Australian Law?
Yes, an Islamic Will can be legally recognised under Australian law, provided it meets the standard legal requirements for a valid will in the relevant state or territory. These requirements generally include being in writing, signed by the testator, and witnessed correctly. Australian law permits testamentary freedom, allowing individuals to distribute their assets according to their religious beliefs, including Sharia principles, as long as the will is legally valid.
Why is an Islamic Will Wasiyyah important for a Muslim?
Creating an Islamic Will (Wasiyyah) is considered an important religious duty for every Muslim, based on the teachings of Prophet Muhammad (peace be upon him) found in hadith. It is the prescribed method for ensuring one’s property and family affairs are managed in accordance with Islamic principles (Sharia) after death. Preparing a Wasiyyah allows a Muslim to fulfil this religious obligation and ensure their legacy aligns with their faith.
What is involved in Sharia compliant estate distribution?
Sharia-compliant estate distribution first requires the payment of all funeral expenses and outstanding debts, including religious obligations like Zakat. Following this, up to one-third of the remaining net estate may be distributed according to the deceased’s specific bequest (Wasiyyah). The final two-thirds must be distributed according to the fixed shares (Mawarith) detailed in the Qur’an among specific Muslim heirs, where male heirs generally receive double the share of female heirs in the same category.
Can an Islamic Will be disputed in Australia?
Yes, similar to any other will in Australia, an Islamic Will can be disputed in court. A dispute might challenge the will’s legal validity, citing reasons such as the deceased lacking testamentary capacity or being under undue influence when signing. Alternatively, an eligible person can contest the will through a family provision claim if they believe they have not received adequate provision from the estate under Australian law.
What is an Enduring Power of Attorney and can it be Sharia compliant?
An Enduring Power of Attorney is a legal document allowing a person you appoint (your attorney) to manage your financial affairs, and it continues to be effective even if you lose mental capacity. While Sharia principles generally favour a General Power of Attorney (which ceases upon loss of capacity), it is possible to draft a ‘Sharia Modified’ Enduring Power of Attorney. This document aims to accommodate Islamic requirements as much as possible within the framework of Australian law.
What is an Enduring Guardian and can it be Sharia compliant?
An Enduring Guardian is someone you appoint to make personal lifestyle and healthcare decisions on your behalf if you lose the capacity to make these decisions yourself. It is possible to prepare a Sharia-compliant Enduring Guardian document. This ensures that the decisions made by your appointed guardian, particularly regarding end-of-life care, align with Islamic principles where permissible under Australian legal requirements.
