A person’s religious affiliation and beliefs may have a tremendous impact on the overall estate planning process and the terms and provisions included in estate documents.
Disposition of Assets
Both the Christian Bible and the Quran, the Islamic sacred book, believed to be the word of God as dictated to Muhammad by the archangel Gabriel and written down in Arabic, contain instructions for how inheritances should be handled. Each client needs to communicate his or her interpretation of these instructions to the estate planning attorney so appropriate language can be used in a will or trust that details how assets are to be distributed to future heirs upon death.
Fiduciaries
During the estate planning process, several fiduciary roles need to be selected. These range from executor of a will to trustee of a trust to agents under a power of attorney. Religious beliefs will be a factor in selecting these fiduciaries. A person with knowledge of your faith, or even someone who also observes your faith, may be the best choice since they will have a better understanding on how to make decisions that will best align with your religious practices and beliefs. For example, a trustee of the same faith will be inclined to disburse funds for religious education, pilgrimage travel and charitable endeavors.
Charitable Giving
Most religions advocate for generous charitable giving. Whether it is through consistent tithing or large one-time donations, it is common for religious clients to make bequests in their wills to charity or religious organizations, permit agents under a financial power of attorney to make payments to church or charity and/or include charitable beneficiaries in their trust documents.
Dispute Resolution
For many faiths, some type of alternative dispute resolution like mediation or arbitration may be mandated in estate planning documents. Appearing before some type of religious body such as a Beth Din or Jewish Court may be preferable to litigation through secular courts. How to incorporate provisions requiring alternative dispute resolution will vary greatly between different faiths. An experienced estate planning attorney will need to draft language that will be upheld by secular authorities.
Each faith will have a different approach to many concepts of estate planning. For example, Islamic laws provide a code of practice for Muslims. An Islamic will must be compliant with Maryland law as well as the Quran and Sharia law. For Muslims who die without a will, the secular laws of intestate succession may be very problematic and contradictory to the processes described by Faraid, which are the Islamic laws governing inheritance. To ensure an Islamic will is valid, it must first comply with Maryland state laws, then comply with the Quran’s rules of inheritance, and then also comply with certain commonly-recognized principles outlined in the Sunnah, ijma and qiayas. These rules are very specific and deal with issues such as attempting to disinherit family members or other issues that could cause conflict within families.
At Stouffer Legal, our attorneys recognize that each person has a unique situation whether it is due to religious beliefs or other issues. We custom tailor each estate plan to ensure that it meets the needs of each client and ensures that goals are met. We help families navigate these difficult issues to avoid more stress on the family in the future. If we can be of assistance with your planning, please don’t hesitate to reach out.
You can schedule an appointment by calling us at (443) 470-3599, emailing us at office@stoufferlegal.com, or register for an upcoming free webinar using the link below:
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