Will Clause Legal and Shariah Compatibility Review Checklist

A will can express Islamic intentions and still fail if its clauses do not operate under South African law. A careful review tests the signed document, asset ownership, mandatory processes and the exact instructions given to executors and trustees.

Educational information only: This is not legal, tax or Shariah advice. Use a South African estates attorney and an appropriately qualified Shariah adviser.

1. Identify the controlling document

Locate the latest signed original and record its date. Compare it with codicils, earlier wills and copies held by advisers.

2. Check execution formalities

Review signatures, witnesses, pages and amendments against the Wills Act. Do not assume a template was executed correctly.

3. Test revocation wording

Confirm what earlier instruments are revoked and whether any foreign or limited-purpose will was meant to remain effective.

4. Confirm the testator’s identity

Reconcile names, identifiers, marital status and addresses with official and financial records.

5. Review executor provisions

Check the appointment, substitutes, security directions and practical ability of the chosen person or institution to act.

6. Review guardianship provisions

For minor children, record guardianship wishes, substitutes and the difference between a parental preference and a court’s legal decision.

7. Map legal ownership

List assets owned personally, jointly, through a company or trust, and under a matrimonial property regime. A will cannot distribute property the testator does not own.

8. Reconcile debts and administration costs

Document secured debt, family loans, maintenance, taxes and estate expenses before calculating any distributable balance.

9. Classify specific bequests

Identify cash, property and charitable bequests, conditions and fallback clauses. Test whether the assets and values are likely to exist.

10. Review residuary wording

Check how the residue is defined, who determines Islamic shares, which source or method applies and what happens if information is incomplete.

11. Separate estate and non-estate benefits

Compare the will with retirement nominations, policies, jointly held property and trust or company interests that may follow separate rules.

12. Examine trust provisions

If a testamentary trust is used, review beneficiaries, trustee powers, duration, distributions and tax effects with qualified professionals.

13. Test tax and liquidity inputs

Obtain current values and tax estimates. The SARS estate-duty guidance is a starting point, not a personalised calculation.

14. Obtain clause-level Shariah review

Ask the reviewer to mark each relevant clause, assumption and exception. A general statement of intent is less useful than a documented clause review.

15. Complete the signing file

• Final approved draft

• Legal and Shariah review notes

• Ownership and family schedules

• Execution checklist

• Secure storage and review date

The Master of the High Court provides deceased-estate information. Revisit the will after major family, ownership or legal changes.