Making it a will
Under the Uniform Probate Code a will must be in writing, signed by you, and signed by at least two people who watched you sign or heard you acknowledge it. States that adopted the 2008 version also accept acknowledgment before a notary instead of witnesses. Uniform Probate Code §2-502, as enacted in N.D. Cent. Code §30.1-08-02
Most states require two adult witnesses. Most also let you and your witnesses sign a self-proving affidavit before a notary, so the witnesses need not be found after your death; it is not available in the District of Columbia or Ohio. Jeff Burtka, “Making a Self-Proving Will With a Self-Proving Affidavit”, AllLaw (Nolo); Uniform Probate Code §2-504, as enacted in N.D. Cent. Code §30.1-08-04
A will written entirely in your own hand, without witnesses (a holographic will), is accepted only in some states. Editors of Nolo, “Are Handwritten or ‘Holographic’ Wills Valid?”, AllLaw (Nolo)
A later will revokes an earlier one, which is why the draft says so in its second article. Me. Rev. Stat. tit. 18-C, §2-506 (Uniform Probate Code), revocation
Have a lawyer review this.This tool cannot know your state’s rules on spouses’ rights, community property, trusts or how a court will read a clause that refers to Islamic law. Retirement accounts, life insurance and jointly owned property usually pass outside a will. Take the draft, and its last page of questions, to an estate attorney licensed in your state, and have a scholar of Islamic inheritance check the shares.
England and Wales, Scotland and Northern Ireland each have their own rules for making a will. Choose where you live, under “About you”, to see them here.
Each province and territory has its own rules for making a will. Choose where you live, under “About you”, to see them here.
Each state and territory has its own rules for making a will. Choose where you live, under “About you”, to see them here.
A will must be in writing and signed by you, and you must be 18 or over, of sound mind and making it voluntarily. Any later change, called a codicil, must be signed and witnessed the same way. Marrying cancels a will made before the marriage, unless the will says it was made expecting that marriage, so make a new will after a civil marriage.
Sign in front of two witnesses, both over 18, who are present together and can clearly see you sign; each then signs in your presence, though not necessarily at the same moment as each other. A witness, or the husband or wife of a witness, loses any gift the will makes to them, so do not ask an heir, a person you leave a bequest to, or their spouse to witness it.
A will in your own handwriting is treated like any other: it is valid only if it is signed and witnessed in the same way. There is no special rule for handwritten wills.
You are free to leave your estate as you choose, so a will can follow the Islamic shares. But a spouse or civil partner, a former spouse who has not remarried, someone who lived with you as a couple for the two years before your death, a child of any age, someone you treated as a child of the family, or anyone you were maintaining can ask the court for more if the will does not make reasonable financial provision for them. They must usually apply within six months of the grant of probate.
An Islamic will here is an ordinary English will that meets these rules: it names an executor, directs that funeral costs and debts are paid first, leaves up to a third to people or causes who are not heirs, and directs the rest to be divided by the Islamic shares. Because a family member can still ask the court for more, ask a solicitor how to word the shares so the executor can carry them out, and ask a scholar to check the shares themselves. If your marriage was a nikah only, raise it with the solicitor: it changes who the law treats as your spouse.
Sources: GOV.UK, Making a will: Overview; GOV.UK, Making a will: Make sure your will is legal; GOV.UK, Making a will: Update your will; Wills Act 1837, s. 9 (signing and attestation of wills); Wills Act 1837, s. 15 (gifts to an attesting witness to be void); Wills Act 1837, s. 18 (wills revoked by marriage); Administration of Estates Act 1925, s. 46 (succession on intestacy); The Administration of Estates Act 1925 (Fixed Net Sum) Order 2023 (SI 2023/758); Inheritance (Provision for Family and Dependants) Act 1975, s. 1; Inheritance (Provision for Family and Dependants) Act 1975, s. 4 (time limit); Her Majesty’s Attorney General v Akhter and Khan [2020] EWCA Civ 122, Court of Appeal media summary (14 February 2020)
Have a lawyer review this.A solicitor can check the signing, say whether pensions, life insurance or jointly owned property pass outside the will, and advise on Inheritance Tax and on how an Inheritance Act claim might affect the shares. Take the draft, and its last page of questions, to a solicitor in England and Wales, and have a scholar of Islamic inheritance check the shares. This is not legal advice.
A will must be in writing and signed by you at the end. That signature alone makes it formally valid. A will of more than one sheet should be signed on every sheet.
One witness is enough. If one witness, aged 16 or over and who knows you, signs after you and their name and address are written on the will, it is presumed to have been signed by you, and your executor will not need to prove your signature.
A will signed by you without a witness is still valid, but it carries no presumption that you signed it: before it can be used, someone with an interest must ask the court to confirm the signature, usually with sworn statements. Have it witnessed.
In Scotland you cannot fully disinherit a husband, wife, civil partner or child, including an adult child. Whatever the will says, they may claim “legal rights” instead of what the will gives them: a spouse or civil partner takes a third of the moveable estate (money, shares, cars, furniture, jewellery) if there are children, or half if not; the children share a third, or half if there is no spouse. Legal rights do not reach land or buildings. A cohabiting partner has no legal rights.
An Islamic will in Scotland names an executor, directs that funeral costs and debts are paid first, leaves up to a third to people or causes who are not heirs, and directs the rest by the Islamic shares. A spouse or child who would get more from legal rights may choose them instead of what the will gives, so the shares may not hold for everyone. Ask a Scottish solicitor how legal rights would fall on your estate, and a scholar to check the shares.
Sources: GOV.UK, Making a will: Overview; Requirements of Writing (Scotland) Act 1995, s. 1(2)(c); Requirements of Writing (Scotland) Act 1995, s. 2; Requirements of Writing (Scotland) Act 1995, s. 3; Requirements of Writing (Scotland) Act 1995, s. 4; Scottish Parliament Information Centre (SPICe), Succession law: an overview, briefing SB 21-32 (June 2021); Scottish Government, What to do after a death in Scotland (11th edn, 2016), s. 20: Legal rights; Scottish Government, What to do after a death in Scotland (11th edn, 2016), s. 23: Where the person left a will; Scottish Government, What to do after a death in Scotland (11th edn, 2016), s. 18: Where the person did not leave a will; Scottish Government, What to do after a death in Scotland (11th edn, 2016), s. 19: Prior rights; The Prior Rights of Surviving Spouse and Civil Partner (Scotland) Order 2011 (SSI 2011/436); Trusts and Succession (Scotland) Act 2024, s. 77 (in force 30 April 2024)
Have a lawyer review this.A Scottish solicitor can explain legal rights for your family, which assets are moveable or heritable, and how the executor obtains confirmation. Take the draft, and its last page of questions, to a solicitor in Scotland, and have a scholar of Islamic inheritance check the shares. This is not legal advice.
A will must be in writing and signed by you, and you must be 18 or over unless you are or have been married or in a civil partnership. Marrying cancels a will made before the marriage, unless the will says it was made expecting that marriage. nidirect advises using a solicitor because of the formalities.
Sign or acknowledge your signature in front of two witnesses present at the same time; each then signs in your presence. A gift to a witness, or to a witness’s husband, wife or civil partner, is void, so choose witnesses who receive nothing under the will.
A handwritten will must meet the same signing and witnessing rules; there is no separate rule for handwritten wills.
A spouse or civil partner, a former spouse who has not remarried, someone who lived with you as a couple for the two years before your death, a child, someone you treated as a child of the family, or anyone you were maintaining can ask the court for more if the will does not make reasonable financial provision for them. The claim must be made within six months of the grant.
An Islamic will here names an executor, directs that funeral costs and debts are paid first, leaves up to a third to people or causes who are not heirs, and directs the rest by the Islamic shares. Family members can still ask the court for reasonable provision, so ask a solicitor in Northern Ireland how to word the shares, and a scholar to check them.
Sources: nidirect, Making a will; Wills and Administration Proceedings (Northern Ireland) Order 1994, art. 4; Wills and Administration Proceedings (Northern Ireland) Order 1994, art. 5; Wills and Administration Proceedings (Northern Ireland) Order 1994, art. 8; Wills and Administration Proceedings (Northern Ireland) Order 1994, art. 12; Inheritance (Provision for Family and Dependants) (Northern Ireland) Order 1979, art. 3; nidirect, What to do if there is no will
Have a lawyer review this.The Law Society of Northern Ireland lists solicitors; one can check the signing and advise on Inheritance Tax and on family-provision claims. Take the draft, and its last page of questions, to a solicitor in Northern Ireland, and have a scholar of Islamic inheritance check the shares. This is not legal advice.
A will must be in writing and signed at its end by you. Since January 1, 2022, marriage no longer cancels an existing will in Ontario, so review your will yourself when you marry or separate. If a document was not properly signed, the court can still order it valid, but do not rely on that.
Sign or acknowledge your signature in front of two witnesses present at the same time, and both sign in your presence. Witnessing by video is allowed if one witness is a lawyer or paralegal licensed in Ontario. A gift to a witness, or to a witness’s spouse, is void, so choose witnesses who receive nothing under the will.
A will written entirely in your own handwriting and signed by you is valid without witnesses. A typed or partly typed will is not a holograph will and needs two witnesses.
A married spouse can choose to take half the difference in the couple’s net family property instead of what the will gives, by filing an election within six months of the death. And a spouse (including a common-law partner), parent, child, brother or sister whom you were supporting, or had to support, can ask the court for support if the will does not adequately provide for them, usually within six months of the grant of probate.
An Islamic will in Ontario is an ordinary Ontario will: it names an estate trustee (executor), directs that funeral costs and debts are paid first, leaves up to a third to people or causes who are not heirs, and directs the rest by the Islamic shares. A spouse’s election and dependants’ support claims can still change the result, so ask an Ontario lawyer how to plan around them, and a scholar to check the shares.
Sources: Succession Law Reform Act, R.S.O. 1990, c. S.26, ss. 3–4; Succession Law Reform Act, R.S.O. 1990, c. S.26, s. 6 (holograph wills); Succession Law Reform Act, R.S.O. 1990, c. S.26, s. 12; Succession Law Reform Act, R.S.O. 1990, c. S.26, ss. 15–17; Succession Law Reform Act, R.S.O. 1990, c. S.26, s. 21.1; Family Law Act, R.S.O. 1990, c. F.3, ss. 1, 5(2) and 6; Succession Law Reform Act, R.S.O. 1990, c. S.26, Part V, ss. 57, 58 and 61 (support of dependants); Succession Law Reform Act, R.S.O. 1990, c. S.26, ss. 44–47; O. Reg. 54/95 (General) under the Succession Law Reform Act, s. 1
Have a lawyer review this.An Ontario lawyer can check the signing, explain the spouse’s equalization election, and say which assets, such as RRSPs, TFSAs, insurance or jointly held property, pass outside the will by beneficiary designation or survivorship. Take the draft, and its last page of questions, to a lawyer in Ontario, and have a scholar of Islamic inheritance check the shares. This is not legal advice.
Quebec law recognizes three forms of will only: notarial, holograph, and made in the presence of witnesses. A notarial will is drawn up by a notary, read to you, and signed by you, the notary and a witness together; the notary keeps it and it needs no probate. The other two forms must be probated by the Superior Court or a notary after death.
For a will made in the presence of witnesses, which you or a lawyer may type, declare before two witnesses of full age that it is your will and sign it; they then sign in your presence and initial each page. A gift to a witness has no effect, and the witnesses should have no interest in the will.
A holograph will must be written entirely in your hand and signed by you, without a computer or a printed form. It needs no witness. Date it, and tell someone you trust where it is.
If you are married or in a civil union, your spouse first receives half the value of the family patrimony (the family residences, their furniture, family vehicles and pension rights built up during the marriage), whatever the will says. Within six months of the death, a spouse, child, parent or former spouse receiving support who is in need can also claim a support contribution from the estate, capped by the Civil Code.
An Islamic will in Quebec names a liquidator, directs that funeral costs and debts are paid first, leaves up to a third to people or causes who are not heirs, and directs the rest by the Islamic shares. The family patrimony and support claims apply first, so ask a Quebec notary or lawyer how they affect your estate, and a scholar to check the shares.
Sources: Civil Code of Québec, art. 712; Gouvernement du Québec, Notarial will; Civil Code of Québec, art. 727; Gouvernement du Québec, Will made in the presence of witnesses; Civil Code of Québec, art. 760; Civil Code of Québec, art. 726; Gouvernement du Québec, Holograph will; Gouvernement du Québec, Partitioning of the family patrimony and liquidation of the matrimonial or civil union regime; Civil Code of Québec, arts. 684 and 688; Gouvernement du Québec, Wills and the obligation of support; Gouvernement du Québec, Distribution of the inheritance in a legal succession (table); Civil Code of Québec, arts. 653 and 666
Have a lawyer review this.A notary can prepare a notarial will, which avoids probate, and explain your matrimonial regime and family patrimony. Take the draft, and its last page of questions, to a lawyer in Quebec, and have a scholar of Islamic inheritance check the shares. This is not legal advice.
You can make a will at 16 or older. It must be in writing, which can be electronic, and signed at its end. A change in circumstances, such as marriage, does not cancel a will by itself. If a will was not properly signed, the court can still order it effective, but do not rely on that.
Sign or acknowledge your signature in front of two witnesses present at the same time, both 19 or older, and both sign in your presence. A gift to a witness or a witness’s spouse is void unless a court decides you meant it, so choose witnesses who receive nothing under the will.
British Columbia has no separate rule for handwritten wills: a will in your own hand still needs two witnesses, unless a court later orders an unwitnessed document effective.
If a will does not make adequate provision for the proper maintenance and support of your spouse or children, they can ask the court to vary it, within 180 days of the grant of probate. The court may consider your reasons. A spouse includes a partner who lived with you in a marriage-like relationship for at least two years.
An Islamic will in British Columbia names an executor, directs that funeral costs and debts are paid first, leaves up to a third to people or causes who are not heirs, and directs the rest by the Islamic shares. Because a spouse or child can ask the court to vary a will, ask a B.C. lawyer or notary how the shares will stand, and whether to record your reasons; ask a scholar to check the shares.
Sources: Wills, Estates and Succession Act, S.B.C. 2009, c. 13, ss. 36–37 and 40; Wills, Estates and Succession Act, S.B.C. 2009, c. 13, s. 43; Wills, Estates and Succession Act, S.B.C. 2009, c. 13, ss. 55 and 58; Wills, Estates and Succession Act, S.B.C. 2009, c. 13, ss. 60–62; Wills, Estates and Succession Act, S.B.C. 2009, c. 13, s. 2; Wills, Estates and Succession Act, S.B.C. 2009, c. 13, ss. 20–21 and 23; Government of Canada (Federal/Provincial/Territorial Ministers Responsible for Seniors Forum), What every older Canadian should know about: Having a will and making funeral plans
Have a lawyer review this.In B.C. a lawyer or a notary can prepare a will and advise on wills variation claims and on assets that pass outside the will. Take the draft, and its last page of questions, to a lawyer in British Columbia, and have a scholar of Islamic inheritance check the shares. This is not legal advice.
You can make a will at 18 or older. It must be in writing and signed by you. A marriage or adult interdependent partner agreement entered into since February 1, 2012 does not cancel an existing will. If a will was not properly made, the court can still validate it on clear and convincing evidence, but do not rely on that.
For a formal will, sign or acknowledge your signature in front of two witnesses present at the same time, and both sign in your presence. A gift to a witness, or to a witness’s spouse or adult interdependent partner, is void unless a court validates it.
A will written entirely in your own handwriting and signed by you is valid with no witness. A typed will needs two witnesses.
If a will does not make adequate provision for the proper maintenance and support of a family member, they can ask the court for more, within six months of the grant. Family members are a spouse, an adult interdependent partner, children under 18, adult children who cannot earn a living because of disability, children 18 to 21 in full-time study, and certain grandchildren you were raising.
An Islamic will in Alberta names a personal representative (executor), directs that funeral costs and debts are paid first, leaves up to a third to people or causes who are not heirs, and directs the rest by the Islamic shares. A family member who needs support can still apply to the court, so ask an Alberta lawyer how the shares will stand, and a scholar to check them.
Sources: Wills and Succession Act, S.A. 2010, c. W-12.2, ss. 13–16 and 37 (current as of June 11, 2025); Wills and Succession Act, S.A. 2010, c. W-12.2, ss. 21 and 40; Wills and Succession Act, S.A. 2010, c. W-12.2, s. 23; Wills and Succession Act, S.A. 2010, c. W-12.2, Part 5, ss. 72, 88 and 89; Wills and Succession Act, S.A. 2010, c. W-12.2, ss. 60–61
Have a lawyer review this.An Alberta lawyer can check the signing, explain family maintenance claims and the spouse’s or partner’s rights in the family home, and say which assets pass outside the will. Take the draft, and its last page of questions, to a lawyer in Alberta, and have a scholar of Islamic inheritance check the shares. This is not legal advice.
Wills are governed by the law of each province and territory, and the rules on signing, witnesses and handwritten wills differ.
Most wills need witnesses. A lawyer, or in Quebec and British Columbia a notary, will make sure the will is prepared and witnessed properly.
Each province and territory has its own rules on what a spouse, partner or child can claim from an estate; ask a lawyer where you live.
An Islamic will names an executor, directs that funeral costs and debts are paid first, leaves up to a third to people or causes who are not heirs, and directs the rest by the Islamic shares. Ask a lawyer in your province or territory to make it valid there, and a scholar to check the shares.
Sources: Government of Canada (Federal/Provincial/Territorial Ministers Responsible for Seniors Forum), What every older Canadian should know about: Having a will and making funeral plans
Have a lawyer review this.Take the draft to a lawyer licensed where you live. Take the draft, and its last page of questions, to a lawyer in your province or territory, and have a scholar of Islamic inheritance check the shares. This is not legal advice.
A will must be in writing and signed by you, or by someone else in your presence and at your direction, and you must be 18 or over unless an exception for marriage applies. Marrying cancels a will made before the marriage, except gifts to and the appointment of the person you are married to when you die, and unless the will was made in contemplation of that marriage or expressed to be made in contemplation of marriage generally. So make a new will after a civil marriage. A divorce cancels gifts to your former spouse and their appointment as executor, unless the will shows a contrary intention; a separation without a finalised divorce does not.
Sign or acknowledge your signature in front of two witnesses who are present at the same time; each then signs in your presence. A gift to a witness is void unless two other witnesses receive nothing, the people who would gain agree in writing, or the court is satisfied you meant it, so choose witnesses who receive nothing under the will. In New South Wales a will can also be witnessed by video (audio visual link) if the witness watches you sign in real time and endorses the will as the law requires.
There is no special rule for handwritten wills: a will in your own hand needs two witnesses like any other. If a document was not properly signed and witnessed, the Supreme Court can still accept it as your will if it is satisfied you intended it to be, but do not rely on that.
You can leave your estate as you choose, so a will can follow the Islamic shares. But your spouse, a de facto partner, any child of any age, a former spouse, a grandchild or household member who was dependent on you, or someone in a close personal relationship with you can ask the Supreme Court for a share or a larger share. They must usually apply within 12 months of the death.
An Islamic will here is an ordinary New South Wales will: it names an executor, directs that funeral costs and debts are paid first, leaves up to a third to people or causes who are not heirs, and directs the rest by the Islamic shares. Because a family member can still ask the court for more, ask a solicitor how to word the shares so the executor can carry them out, and ask a scholar to check the shares themselves. If your marriage was a nikah only, raise it with the solicitor.
Sources: Succession Act 2006 (NSW), ss 5–6; NSW Government, Learn about wills; Succession Act 2006 (NSW), s 8; Succession Act 2006 (NSW), s 10; Succession Act 2006 (NSW), s 12; Succession Act 2006 (NSW), s 13; NSW Trustee and Guardian, Changing your relationship status?; Electronic Transactions Act 2000 (NSW), ss 14F–14G; Succession Act 2006 (NSW), s 57; Succession Act 2006 (NSW), s 58; Legal Aid NSW, Family provision claims; Succession Act 2006 (NSW), ss 111–113; Succession Act 2006 (NSW), ss 104–105; NSW Government, Dying without a Will
Have a lawyer review this.A solicitor can check the signing, advise on how a family provision claim might affect the shares, and say which of your assets pass outside the will. Take the draft, and its last page of questions, to a lawyer in New South Wales, and have a scholar of Islamic inheritance check the shares. This is not legal advice.
A will must be in writing and signed by you, or by someone else in your presence and at your direction, intending it to be your will; you must be 18 or over unless an exception for marriage applies. Marrying cancels a will made before the marriage, except gifts to and the appointment of the person you are married to when you die, and unless the will was made in contemplation of that marriage or expressed to be made in contemplation of marriage generally. A divorce cancels gifts to your former spouse and their appointment as executor, unless you wanted otherwise.
Sign or acknowledge your signature in front of two witnesses present at the same time; each then signs in your presence. In Victoria a witness, or their spouse or partner, does not lose a gift by witnessing, but witnesses who receive nothing are still the safer choice. A will can be signed and witnessed by video under the remote execution procedure: one witness must be a lawyer, a justice of the peace or another prescribed special witness, and everything must be done on the same day within Victoria.
There is no special rule for handwritten wills: a will in your own hand needs two witnesses. The Supreme Court can admit an unwitnessed or informal document as your will if it is satisfied you intended it to be, but do not rely on that.
You can leave your estate as you choose, so a will can follow the Islamic shares. But an eligible person can ask the court for provision: your spouse or domestic partner, a child or stepchild (under 18, a full-time student up to 25, disabled, or an adult child), a former partner in some cases, a registered caring partner, a grandchild, or a member of your household, some of whom must show they depended on you. The court must find you had a moral duty to provide for them. They must apply within six months of the grant of probate.
An Islamic will here is an ordinary Victorian will: it names an executor, directs that funeral costs and debts are paid first, leaves up to a third to people or causes who are not heirs, and directs the rest by the Islamic shares. Because an eligible person can ask the court for more, ask a lawyer how to word the shares, and a scholar to check them. If your marriage was a nikah only, raise it with the lawyer.
Sources: Wills Act 1997 (Vic), ss 5 and 7; Wills Act 1997 (Vic), s 9; Wills Act 1997 (Vic), s 11; Wills Act 1997 (Vic), s 13; Wills Act 1997 (Vic), s 14; Wills Act 1997 (Vic), ss 3, 7(5)–(7), 8A and 19E; Administration and Probate Act 1958 (Vic), s 90 (eligible person); Administration and Probate Act 1958 (Vic), s 91; Administration and Probate Act 1958 (Vic), s 99; Administration and Probate Act 1958 (Vic), ss 3, 70B, 70J–70L; Supreme Court of Victoria, Probate FAQs
Have a lawyer review this.A Victorian lawyer can check the signing or act as the special witness for a video signing, and advise on family provision claims and on assets that pass outside the will. Take the draft, and its last page of questions, to a lawyer in Victoria, and have a scholar of Islamic inheritance check the shares. This is not legal advice.
A will must be in writing and signed by you, or by someone else in your presence and at your direction; you must be 18 or over unless an exception for marriage applies. Marrying cancels a will made before the marriage, except gifts to and the appointment of the person you are married to when you die, and unless the will was made in contemplation of that marriage. A divorce cancels gifts to your former spouse and their appointment as executor, unless the will shows otherwise.
Sign or acknowledge your signature in front of two witnesses present at the same time; each then signs in your presence. A gift to a witness is void unless two other witnesses receive nothing, the people who would gain agree in writing, or the court is satisfied you meant it, so choose witnesses who receive nothing under the will.
There is no special rule for handwritten wills: a will in your own hand needs two witnesses. The court can still accept an informal document as your will if satisfied you intended it to be, but do not rely on that.
You can leave your estate as you choose, so a will can follow the Islamic shares. But your spouse (including a de facto partner of two years), any child or stepchild of any age, or a dependant you were wholly or substantially supporting (a parent, the parent of your child under 18, or a person under 18) can ask the court for provision if the will does not adequately provide for them. A person who intends to claim must give notice of that within six months of the death, and then apply to the court within nine months of the death; ask a lawyer early.
An Islamic will here is an ordinary Queensland will: it names an executor, directs that funeral costs and debts are paid first, leaves up to a third to people or causes who are not heirs, and directs the rest by the Islamic shares. A spouse, child or dependant can still ask the court for more, so ask a lawyer how to word the shares, and a scholar to check them.
Sources: Succession Act 1981 (Qld), s 10; Succession Act 1981 (Qld), s 9; Succession Act 1981 (Qld), s 11; Succession Act 1981 (Qld), s 14; Succession Act 1981 (Qld), s 15; Succession Act 1981 (Qld), s 18; Succession Act 1981 (Qld), ss 40–41; Succession Act 1981 (Qld), s 41(8); Public Trustee of Queensland, Family Provision Application (read 2026-10-08); Succession Act 1981 (Qld), s 5AA; Succession Act 1981 (Qld), Schedule 2, Part 1
Have a lawyer review this.A Queensland lawyer can prepare and check the will and advise on family provision claims and on assets that pass outside the will. Take the draft, and its last page of questions, to a lawyer in Queensland, and have a scholar of Islamic inheritance check the shares. This is not legal advice.
A will must be in writing and signed by you, or in your name by someone else in your presence and at your direction; you must generally be 18 or over. Marrying cancels a will made before the marriage unless it was made in contemplation of that marriage. In Western Australia the end of a marriage cancels the whole will, unless the will or other evidence shows you intended it to stand, so make a new will after a divorce.
Sign or acknowledge your signature in front of at least two witnesses present at the same time; they then sign in your presence. A person who cannot see you sign cannot be a witness. Choose two adult witnesses who receive nothing under the will.
There is no special rule for handwritten wills: a will in your own hand needs two witnesses. The Supreme Court can still accept an informal document as your will if satisfied you intended it to be, but do not rely on that.
You can leave your estate as you choose, so a will can follow the Islamic shares. But your spouse or de facto partner, a former spouse or de facto partner who was receiving or entitled to receive maintenance from you when you died, any child, certain grandchildren and stepchildren, and a parent can ask the court for provision. They must apply within six months of the date the estate can be administered in Western Australia, or later with the court’s leave.
An Islamic will here is an ordinary Western Australian will: it names an executor, directs that funeral costs and debts are paid first, leaves up to a third to people or causes who are not heirs, and directs the rest by the Islamic shares. Family members can still ask the court for more, so ask a lawyer how to word the shares, and a scholar to check them.
Sources: Wills Act 1970 (WA), s 8 (as at 18 Dec 2025); Wills Act 1970 (WA), s 7; Wills Act 1970 (WA), s 11; Wills Act 1970 (WA), s 14; Wills Act 1970 (WA), s 14A; Wills Act 1970 (WA), s 32; Family Provision Act 1972 (WA), s 7 (as at 18 Dec 2025); Administration Act 1903 (WA), s 14 (as at 18 Dec 2025); Administration Act 1903 (WA), s 15; Legal Aid WA, Dying without a will (reviewed 23 January 2025)
Have a lawyer review this.A Western Australian lawyer can check the signing and advise on family provision claims and on assets that pass outside the will. Take the draft, and its last page of questions, to a lawyer in Western Australia, and have a scholar of Islamic inheritance check the shares. This is not legal advice.
Wills in South Australia are governed by the Succession Act 2023. A will must be in writing and signed by you, or by someone else in your presence and by your direction; a minor cannot make a will unless married or making it in contemplation of marriage. Marrying or registering a relationship cancels an earlier will, unless it is expressed to be made in contemplation of that marriage or that registration. When a marriage or registered relationship ends, gifts to your former spouse or partner and their appointment as executor are cancelled, unless the will shows you meant them to stand despite the end of the relationship, or another exception in the Act applies.
Sign or acknowledge your signature in front of two witnesses present at the same time; they then sign in your presence. A gift to a witness is not void just because they witnessed, but witnesses who receive nothing are still the safer choice.
There is no special rule for handwritten wills: a will in your own hand needs two witnesses. The court can admit an informal document as your will if satisfied you intended it to be, but do not rely on that.
You can leave your estate as you choose, so a will can follow the Islamic shares. But your spouse, domestic partner, a former spouse or domestic partner (unless a property agreement or order of a kind set by regulation was in force between you when you died), any child, and in some circumstances a stepchild, grandchild, parent or brother or sister can ask the court for provision. They must apply within six months of the grant.
An Islamic will here is an ordinary South Australian will: it names an executor, directs that funeral costs and debts are paid first, leaves up to a third to people or causes who are not heirs, and directs the rest by the Islamic shares. Family members can still ask the court for more, so ask a lawyer how to word the shares, and a scholar to check them.
Sources: Succession Act 2023 (SA), s 8 (version 1.1.2025); Succession Act 2023 (SA), s 5; Succession Act 2023 (SA), s 11; Succession Act 2023 (SA), s 13; Succession Act 2023 (SA), s 18; Succession Act 2023 (SA), s 19; Succession Act 2023 (SA), s 115; Succession Act 2023 (SA), s 118; Succession Act 2023 (SA), s 105; Succession Act 2023 (SA), s 106
Have a lawyer review this.A South Australian lawyer can check the signing under the Succession Act 2023 and advise on family provision claims and on assets that pass outside the will. Take the draft, and its last page of questions, to a lawyer in South Australia, and have a scholar of Islamic inheritance check the shares. This is not legal advice.
A will must be in writing and signed at its foot or end by you, or by someone else in your presence and by your direction. Marrying, or entering a civil union or civil partnership, cancels an earlier will unless it was expressed to be made in contemplation of it. When the marriage, union or partnership ends, gifts to the former partner and their appointment as executor are cancelled.
Sign or acknowledge your signature in front of two witnesses present at the same time; each then signs in your presence and in the presence of the other witness. A gift to a witness is not void just because they witnessed, but witnesses who receive nothing are still the safer choice.
There is no special rule for handwritten wills: a will in your own hand needs two witnesses. The Supreme Court can accept an informal document as your will if satisfied you intended it to be, but do not rely on that.
You can leave your estate as you choose, so a will can follow the Islamic shares. But your partner, someone in a domestic relationship with you for two years, any child, and in some circumstances a stepchild, grandchild or parent can ask the Supreme Court for provision. They must apply within six months of the grant.
An Islamic will here is an ordinary ACT will: it names an executor, directs that funeral costs and debts are paid first, leaves up to a third to people or causes who are not heirs, and directs the rest by the Islamic shares. Family members can still ask the court for more, so ask a lawyer how to word the shares, and a scholar to check them.
Sources: Wills Act 1968 (ACT), s 9 (republication 22, effective 23 February 2026); Wills Act 1968 (ACT), s 8; Wills Act 1968 (ACT), s 11A; Wills Act 1968 (ACT), s 15; Wills Act 1968 (ACT), s 20; Wills Act 1968 (ACT), s 20A; Family Provision Act 1969 (ACT), s 7 (republication 12); Family Provision Act 1969 (ACT), s 9; Administration and Probate Act 1929 (ACT), s 49A and Schedule 6 (republication 29); Administration and Probate Act 1929 (ACT), s 44
Have a lawyer review this.An ACT lawyer can check the signing and advise on family provision claims and on assets that pass outside the will. Take the draft, and its last page of questions, to a lawyer in Australian Capital Territory, and have a scholar of Islamic inheritance check the shares. This is not legal advice.
A will must be in writing and signed by you, or by someone else in your presence and at your direction; you must be 18 or over unless an exception for marriage applies. Marrying, or registering a deed of relationship, cancels an earlier will, except gifts to and the appointment of the person you are married to or in the registered relationship with when you die, and unless the will was made in contemplation of that marriage or registration. When the marriage ends, or the registered deed of relationship is revoked, gifts to your former spouse or partner and their appointment as executor are cancelled, unless a contrary intention appears in the will or can otherwise be established.
Sign or acknowledge your signature in front of two witnesses present at the same time; each then signs in your presence. A gift to a witness is normally void. It can survive if more than two people witnessed the will and at least two of them neither receive anything nor are married to someone who does, if everyone who would gain from cancelling it agrees in writing, or if the court validates it. Choose witnesses who receive nothing under the will and are not married to anyone who does.
There is no special rule for handwritten wills: a will in your own hand needs two witnesses. The court can accept an informal document as your will only if satisfied beyond reasonable doubt that you intended it, a strict test, so do not rely on it.
You can leave your estate as you choose, so a will can follow the Islamic shares. But your spouse, your children, your parents if you leave no spouse or children, and a former spouse or partner who was receiving or entitled to receive maintenance from you when you died can ask the court for provision. The time is short: the claim must be started within three months of the grant, unless the court extends it.
An Islamic will here is an ordinary Tasmanian will: it names an executor, directs that funeral costs and debts are paid first, leaves up to a third to people or causes who are not heirs, and directs the rest by the Islamic shares. A spouse, child or parent can still ask the court for more, so ask a lawyer how to word the shares, and a scholar to check them.
Sources: Wills Act 2008 (Tas), s 8; Wills Act 2008 (Tas), s 7; Wills Act 2008 (Tas), s 10; Wills Act 2008 (Tas), ss 12–13; Wills Act 2008 (Tas), s 16; Wills Act 2008 (Tas), s 17; Testator’s Family Maintenance Act 1912 (Tas), ss 3 and 3A; Testator’s Family Maintenance Act 1912 (Tas), s 11; Public Trustee Tasmania, Who inherits my assets if I don’t have a valid will?
Have a lawyer review this.A Tasmanian lawyer can check the signing and advise on family maintenance claims and on jointly owned assets, which the Public Trustee says pass to the surviving owner under the survivorship rule, outside the will; ask how yours are held. Take the draft, and its last page of questions, to a lawyer in Tasmania, and have a scholar of Islamic inheritance check the shares. This is not legal advice.
A will must be in writing and signed by you, or by someone else in your presence and at your direction; you must be 18 or over unless an exception for marriage applies. Marrying cancels a will made before the marriage, unless it was made in contemplation of that marriage or of marriage generally. A divorce cancels gifts to your former spouse and their appointment as executor, unless you intended otherwise.
Sign or acknowledge your signature in front of two witnesses present at the same time; each then signs in your presence. A gift to a witness is void unless two other witnesses receive nothing, the people who would gain agree in writing, or the court is satisfied you meant it, so choose witnesses who receive nothing under the will.
There is no special rule for handwritten wills: a will in your own hand needs two witnesses. The court can accept an informal document, including a recording, as your will if satisfied you intended it, but do not rely on that.
You can leave your estate as you choose, so a will can follow the Islamic shares. But your spouse or de facto partner, any child, and in some circumstances a former partner, stepchild, grandchild or parent can ask the court for provision, within 12 months of the grant. The court must consider your reasons, and can accept a signed and dated statement of them.
An Islamic will here is an ordinary Northern Territory will: it names an executor, directs that funeral costs and debts are paid first, leaves up to a third to people or causes who are not heirs, and directs the rest by the Islamic shares. Family members can still ask the court for more, so ask a lawyer how to word the shares and whether to record your reasons, and a scholar to check the shares.
Sources: Wills Act 2000 (NT), s 8 (as in force 1 January 2022); Wills Act 2000 (NT), s 7; Wills Act 2000 (NT), s 10; Wills Act 2000 (NT), s 12; Wills Act 2000 (NT), s 14; Wills Act 2000 (NT), s 15; Family Provision Act 1970 (NT), s 7 (as in force 17 March 2004); Family Provision Act 1970 (NT), s 9; Family Provision Act 1970 (NT), s 22; Administration and Probate Act 1969 (NT), Schedule 6 (as in force 1 July 2022)
Have a lawyer review this.A Northern Territory lawyer can check the signing and advise on family provision claims and on a written statement of reasons. Take the draft, and its last page of questions, to a lawyer in Northern Territory, and have a scholar of Islamic inheritance check the shares. This is not legal advice.