Who Should I Appoint as an Executor?

Choosing the right Executor for your Islamic Will is essential to ensure your estate is distributed according to both Australian law and Islamic inheritance principles. Your Executor will have the responsibility of managing your assets, paying off any debts, and ensuring your estate is divided in line with Shari’ah guidelines while adhering to Australian legal requirements.

Who Can Be an Executor in Australia?

In Australia, an Executor must meet the following criteria:

• 18 years or older: They must be a legal adult.
• Of sound mind: The Executor must be capable of making responsible decisions.
• Trustworthy and reliable: This is essential, as they will oversee sensitive and important matters.

For an Islamic Will, the Executor should also understand — or be willing to learn — how Islamic inheritance laws work to ensure they are followed correctly.

Qualities to Look for in an Executor

When choosing an Executor for your Islamic will, prioritise someone who has:

• Trustworthiness: They will be responsible for ensuring that your estate is distributed fairly according to Islamic principles.
• Knowledge of Islamic Inheritance: Ideally, your Executor should have a basic understanding of Faraid (Islamic inheritance rules). If the Executor is not familiar with Islamic inheritance, they should be open to working with scholars or experts in Islamic estate planning, and study the Will annexure provided by MuslimWills to understand the shares that are to be distributed.
• Organisational Skills: Managing an estate involves paperwork, legal processes, and meeting deadlines.
• Conflict Resolution Skills: In cases of disagreement among beneficiaries, your Executor should handle matters calmly and fairly.
• Neutrality: Choose someone who can remain impartial and focus on carrying out your wishes, especially if family dynamics are complex.

Family Member, Friend, or Professional Executor?

• Family Member or Friend: Many Australian Muslims choose a trusted family member or close friend as their Executor. This person should be dependable and willing to handle the responsibility of following Islamic guidelines while navigating Australian legal requirements.
• Professional Executor: For complex estates or when impartiality is needed, you can appoint a professional Executor such as a lawyer or trustee company. They charge fees but can bring expertise in handling both Islamic and Australian inheritance matters.

Responsibilities of an Executor for an Islamic Will

Your Executor will have the responsibility of ensuring your estate is distributed according to Islamic inheritance rules, and your wishes are carried out. These include:

• Identifying Your Assets and Debts: This includes understanding what part of your estate can be distributed after paying off debts, funeral expenses, and any outstanding obligations.
• Allocating Shares According to Islamic Inheritance Law: Islamic inheritance specifies fixed shares for heirs like spouses, children, and parents. The Executor must ensure these rules are followed.
• Adhering to Australian Laws: While following Islamic guidelines, the Executor must also comply with Australian laws, such as probate processes and tax obligations.
• Facilitating Wasiyyah (Discretionary Bequests): An Islamic Will allows up to one-third of the estate to be given as a wasiyyah (bequest) to non-heirs, charities, or causes. The Executor ensures this is carried out before dividing the remainder among the heirs.
• Arranging for an Islamic Funeral and Burial: The Executor must ensure that the ghusl (washing), kafan (shrouding), and janazah (funeral prayer) are performed according to your wishes.
• Fulfilling any Missed Obligations: As specified in the Will, the Executor must ensure that any religious obligations such as fasts, kaffarat and hajj are performed in your name.
• Liaising with Family: The Executor is responsible for informing family members of your wishes, and mediating among family members to ensure peaceful compliance with the process. These duties require the Executor to act with integrity, compassion, and knowledge of Islamic traditions.

Can I Appoint Multiple Executors?

Yes, more than one Executor can be appointed to share the responsibilities. This can be especially useful for Islamic Wills, as one Executor could manage legal matters in Australia, while another focuses on ensuring adherence to Islamic principles. However, co-executors must work together, which can sometimes lead to delays or disagreements if not carefully planned.

Can I Appoint Someone Overseas as My Executor?

Appointing an overseas resident as the sole Executor of your Will is legally permissible but can introduce significant tax and administrative challenges. Additionally, practical difficulties may arise, including delays in obtaining probate, challenges in managing Australian assets, and complications in fulfilling legal obligations from abroad.

To mitigate these issues, it's advisable to appoint at least one Australian resident as a co-Executor. This ensures smoother administration of the estate, compliance with Australian legal requirements, and potential tax benefits.

Tips for Choosing the Right Executor

• Discuss Your Wishes: Talk to the person you want to appoint to make sure they’re willing and capable of handling the role, including the responsibility of distributing your estate according to Islamic inheritance rules.
• Have a Backup: It’s a good idea to name an alternate Executor in case your first choice is unable or unwilling to act.
• Seek Expert Guidance: If you’re unsure, a lawyer experienced in both Australian and Islamic estate planning can help you choose the right Executor and ensure your Will meets all legal and religious requirements.

Choose wisely

Your Executor plays a vital role in ensuring your Islamic Will is carried out as intended. By choosing someone who understands both Islam and the legal framework in Australia, you can ensure that your estate is distributed in a way that honours your religious obligations and fulfills your responsibilities to your loved ones. Taking the time to select the right Executor will give you peace of mind and make the process easier for your family.