S01Married, with children
married-with-children- The ordinary case, and by far the most common.
- A wife's eighth alongside descendants; the residue divided two to one between son and daughters.
- Whether the residuary article is unambiguous where several people share one fraction.
| Specimen — not a will SpecimenDraft |
| Unreviewed draft — not valid as a will |
Last Will and Testament of Yusuf Abdullah RahmanSpecimen — not a will Unreviewed draft — not valid as a will Article 1 — DeclarationI, Yusuf Abdullah Rahman, of Dearborn, Michigan, being of sound mind and memory and not acting under duress, fraud, or the undue influence of any person, make, publish, and declare this to be my Last Will and Testament. I revoke all wills and codicils previously made by me. Article 2 — Statement of intentI am a Muslim. It is my sincere wish that my estate be settled in a manner consistent with my faith, and the distribution set out in this will was arrived at by applying the shares prescribed in the Qur'an to my family as it stood on the date I signed this document. This statement explains my reasons. It does not itself dispose of any property. The dispositive provisions of this will are those stated in the articles that follow, in the specific fractions there set out, and it is those fractions that are to be given effect. If any provision of this will is held invalid, that holding shall not affect any other provision. Article 3 — Debts and expenses of administrationI direct that my funeral and burial expenses, the expenses of my last illness, the costs of administering my estate, and all of my legally enforceable debts be paid from my estate before any distribution is made under this will. Article 4 — Funeral and burialI request that my body be washed (ghusl), shrouded (kafan), and buried in accordance with Islamic rites, that the funeral prayer (salat al-janazah) be performed, and that burial take place as soon as is reasonably practicable. I request that my body not be cremated and that no autopsy be performed unless required by law. I express these as my wishes. I recognise that they are directions to those who survive me rather than dispositions of property. Article 5 — Distribution of the residueI give all the rest and residue of my estate, of whatever kind and wherever situated, to the following persons in the following fractions, which are stated as fractions of that residue: To my wife Amina Rahman, 1/8 (12.5 percent). To my mother Khadija Rahman, 1/6 (16.66 percent). To my son Bilal Rahman, 17/48 (35.41 percent). To my daughter Layla Rahman and my daughter Sara Rahman, 17/96 (17.7 percent) to each of them, being 17/48 in total. These fractions were computed on the date of this will from the family described above. They total the whole of the residue. If any person named in this article does not survive me, that person's share shall be distributed among the remaining persons named in this article in proportion to their respective shares. Article 6 — Personal representativeI nominate Idris Khan as personal representative of my estate. If Idris Khan is unable or unwilling to serve, I nominate Nadia Haq to serve in their place. I direct that my personal representative serve without bond, to the extent the court permits. Article 7 — Powers of the personal representativeI authorise my personal representative to sell, lease, or otherwise dispose of any property of my estate, real or personal, at public or private sale, without the need for court approval where the law permits; to pay the debts and expenses of my estate; to distribute property in cash or in kind, or partly in each, in order to satisfy the fractions set out in this will; and to do all other acts reasonably necessary to administer and settle my estate. Where property cannot conveniently be divided in the fractions set out in this will, I authorise my personal representative to sell that property and to distribute the proceeds in those fractions. Article 8 — SurvivorshipA person shall be treated as not having survived me unless that person survives me by one hundred and twenty hours. If my spouse and I die in circumstances in which the order of our deaths cannot be established, my spouse shall be treated as not having survived me. Article 9 — Children born or adopted after this willThe fractions set out in this will were computed from my family as it stood on the date I signed it. If a child is born to me, or comes into my family, after that date, I intend that child to share in my estate, and I direct that this will be read as though the fractions had been recomputed to include that child on the same principles by which they were originally computed. I recognise that the surer course is to make a new will whenever my family changes, and I intend to do so. Article 10 — No contestIf any beneficiary under this will contests it or any of its provisions, any gift given to that person under this will is revoked and shall be disposed of as if that person had not survived me. This provision shall not apply where the person had probable cause for bringing the proceeding, to the extent the law of the governing state so requires. Article 11 — AttestationI sign this will, consisting of the articles above, on the date written below, in the presence of the 2 witnesses whose signatures follow, each of whom signs in my presence. We, the undersigned witnesses, each declare that the testator signed this instrument in our presence, that the testator appeared to us to be of sound mind and under no duress or undue influence, and that each of us signs as a witness in the presence of the testator. Yusuf Abdullah Rahman, testator Date signed Witness 1 — signature Printed name and address Date signed Witness 2 — signature Printed name and address Date signed |