Download Your Free Islamic Will (North Carolina Residents Only)
Triangle Legal offers a free, attorney-drafted Islamic Will template to help Muslims in North Carolina plan their estate in accordance with Islamic principles and local law. It’s a great first step toward fulfilling your religious obligations and protecting your loved ones.
What This Free Islamic Will Includes:
Distribution of your estate in accordance with Islamic inheritance rules
Guardianship designations for your minor children
Optional charitable or non-heir gifts (up to one-third of your estate)
Instructions for digital asset management
A clear framework for probate court, including an Islamic Inheritance Appendix
Witness and notary signing instructions
Space to attach your personalized inheritance schedule from:
http://inheritance.ilmsummit.org (attach to Exhibit B)
Important Limitations of a Will-Only Approach:
While this will is a useful tool, it has several important limitations. Under North Carolina law and U.S. probate practices, a simple will:
Does not override survivorship rights on joint accounts or jointly titled property (e.g., bank accounts or homes). These assets typically pass automatically to the surviving owner, regardless of the will.
Does not control assets with designated beneficiaries (like life insurance, 401(k)s, or IRAs). These pass directly to named individuals, even if it contradicts your Islamic distribution plan.
Cannot prevent probate. Probate can delay distributions, add court costs, and expose your estate to unnecessary legal scrutiny.
Cannot guarantee Islamic inheritance compliance in court. U.S. courts are unfamiliar with Islamic inheritance law and may misinterpret your wishes, especially when applying your Islamic Inheritance Appendix.
Cannot block a surviving spouse from claiming an “elective share.” North Carolina law allows a spouse to override your will unless a valid prenuptial or postnuptial agreement is in place.
May confuse judges unfamiliar with Shariah law. Your religious distribution schedule may not be understood or enforced in probate proceedings.
Why You Should Consider an Islamic Living Trust
For those seeking a more secure and complete estate plan, Triangle Legal recommends creating an Islamic Living Trust. A properly designed Islamic Trust:
Avoids probate and court delays
Enforces Islamic inheritance without court interpretation
Protects jointly owned or beneficiary-designated assets through retitling and trust designation
Simplifies asset distribution and record-keeping for your family
Enables spousal waivers (to avoid the elective share)
Keeps your estate private and outside the public record
Allows tailored distributions for children, minors, or special needs family members
Aligns with both North Carolina law and your religious obligations
📞 Contact Triangle Legal to discuss a customized Islamic estate plan including a revocable trust and advanced planning tools.
How to Use the Free Islamic Will
Fill in all required sections and blanks
Generate and attach your Islamic inheritance chart as Exhibit B using:
http://inheritance.ilmsummit.org,Verify the inheritance chart with your trusted Islamic Mufti,
Review with an attorney whether a will is sufficient estate plan for you,
Sign with two disinterested adult witnesses,
Complete the self-proving affidavit with a notary, and
Store your will safely and destroy old versions when you update.
Note: Using this form does not create an attorney-client relationship. For personalized advice, contact our firm.