How to protect your heirs with a trust under Muslim law

As a 60-year-old Muslim man looking to set up a trust for your daughter and her family, it's wise to consider the specific legal aspects of Muslim law.

- Shaishavi Kadakia & Sachi Shah

The way a trust is established—either during your lifetime or through a Will—impacts its validity.

Lifetime trust

You can create a trust and transfer assets to it while you are alive. This is similar to a gift under Muslim law and is generally permitted by courts. To create a lifetime trust:

Identify trustees: Choose one or more individuals to manage the trust's assets.

Execute the trust deed: Create a legal document with the trustees, paying the required stamp duty.

Register the deed: If the trust includes immovable property (like real estate), you must register the deed.