The Will, Ireland In Arabic

In this part, we will discuss several very important points:

First: If there is no will and one or both of parents died

The material side

The estate will be distributed according to the law. The wife 2/3 and children 1/3 of the estate.

The dangerous point is that the procedures take a long time, about a year before anyone can get any money from the bank However, the funeral expenses can be excluded as they are withdrawn.

Ok, did the Visa or Master Card for the deceased work? It would be, but dealing with it is illegal … in the sense that it is possible for the family to use it unless someone has reached or has had a problem.

If the account is a joint account, the living person of the spouses will have the full right to dispose of the account balance automatically.

For children:

If one of the parents dies, the children will be at the custody of the other parent

If both the parents passed away and there is a will for a relative or friend to take care of the children and this relative inside or outside Ireland. Children will go to this relative by the court’s ruling, but it is necessary to show the court’s justice that the children already know this person and there is familiarity between him and the children.

If there is no will, the court will be the guardian of their custody, and the court will have the decision to transfer their custody, as it deems appropriate to the court, in the interest of the children.

Meaning: If some of the relatives, such as the uncle, grandfather or close friend of the family, apply for custody of the children (and there is no will), then the court looks into the matter and it is possible that children (especially if they have Irish citizenship) are better for them to complete their education In Ireland. Then their custody will be transferred to a family here in Ireland and not to one of their relatives in Egypt. because the state discovers that they are Irish and the state is guaranteed to take care of them, not because they are of Egyptian origin or so-and-so ..

This is a very, very dangerous point.

Secondly, If there is a will.

Physical aspect: If you want to apply the division of Islamic inheritance. The law is that in the event of the death of one of the spouses, the law gives the living husband two-thirds of the estate, as we said earlier,

But if the deceased made a will and after death, the spouse was satisfied with the will of the deceased, then the will be implemented, but if he/she is not satisfied then the spouse is entitled to take the maximum, which in this case is 50% of the estate and not 2/3. This law comes down so that no one can prevent his wife or prevent her husband from inheriting.

The physical aspect:

You have the right to write that one of the children takes more than the other, but it is not possible to prevent any inheritance at all. It means that you can say that the male children take the double of the female.

If you want parents or brothers to inherit, as in the Sharia, then they must be determined in the will, otherwise, the inheritance will be distributed among the spouse and children only.

For children: their position is that they move to the care of the grandfather, uncle or uncle, and it will be much stronger if this is written in the will.

A guide to make your will

Step 1:

Find an executor. Someone in good health, honest and trustworthy.
Find at least three people for this job. They should be younger and at least one is outside the family circle.

Step 2: Will lawyer

Contact a will and estate lawyer and ask how you can ensure that your estate is divided according to Islamic law. It is important to get a will and estate lawyer, not just any lawyer
Mention to the lawyer who the executor of the will is.

Step 3: Muslim Scholar

Look for a Muslim scholar who can give you the correct understanding of how the shares need to be divided.
Inform this scholar that the executor will contact him at the time of your death.

Step 4: Witnesses

Find two witnesses to sign the will
Witnesses can’t be people entitled to inherit, so most family members are disqualified for this.
The pool has to be from friends.

Step 5: Start writing

Some of the major points here,

State that you revoke any previous wills have made
Mention the names of executors
Funeral and burial: where & how, no autopsy unless it is legally required.
State debts are the first thing to be paid off including funeral expenses.
If you wish to donate part of your estate to charity or individual(s) write this in your will. One should not donate more than one third
State donations are the second to be paid after payment of debts
What remains to be divided up amongst relatives according to Islamic law.

Step 6: keeping your will

Put the original copy of your will in a safety deposit box.
Give copies of the will to its executor
Ensure the executors know in which bank the safety deposit box is located
Check with the bank about the conditions of your executors accessing your safety deposit box in the case of death.

For the Christian brothers, they can write the will in the way they like, with an emphasis on the guardian point for the children.

The will can be changed very ordinary .. I mean, it can be modified again and again..but you must take into account that the amendment with his consent obliges the existence of the same provisions of the first commandment, such as the presence of two witnesses

To write a will, if you are preparing yourself with the details, you will need one or two visits to a lawyer. The first is to clarify what you want and the second is to sign and receive the will.

Some people document this in court themselves instead of people doing it after death.

You can find a ready will template here ?

https://irelandinarabic.org/wp-content/uploads/2020/05/template-1.pdf

https://irelandinarabic.org/wp-content/uploads/2020/05/template-2.pdf

For those who live in Cork, you can deal with this solicitor ?

Babington Clarke & Mooney Solicitors

48 South Mall, Centre, Cork, T12 T954

(021) 427 3004

https://goo.gl/maps/YeuCD78dhNG2

Her name is Geraldine.

The average cost is 75-150 Euro according to the will contents.

Inheritance application: