Islamic Wills

Are you looking for a Solicitor who understands Sharia compliant Wills? At First Law Solicitors, we can advise you on creating an Islamic Will and draft it according to your instructions.

Having a valid Islamic Will is important to many Muslims. If you do not have a Will, you will die intestate, and the Rules of Intestacy will govern how your estate will be dispersed. These rules are quite different to how assets are distributed under Sharia law which could lead to unhappiness within your family. In addition, the Rules of Intestacy will not allow you to leave a portion of your estate to charity.

Our Private Client team have a deep understanding of Sharia law and will ensure your Will is fully compliant with its principles and teachings.

What are the basics of an Islamic Will?
An Islamic Will, often referred to as a “Wasiyyah” in Arabic, is a vital component of Islamic estate planning. It is a written document that outlines how your assets and properties should be distributed after your death in accordance with Islamic principles and Sharia law. Key elements of an Islamic Will include:

• Declaration of Faith – the Will often begins with the Shahada, an Islamic oath and creed, and one of the Five Pillars of Islam and part of the Adhan.
• Appointment of an Executor – the will designates an executor, known as Al-Wasi (the executor) who will be responsible for carrying out the deceased’s wishes as specified in the Will.
• Beneficiary Designation – the Will identifies the beneficiaries and their respective shares of the estate. Sharia law prescribes specific rules for inheritance, known as ‘Faraid, which determine the fixed shares for close relatives.
• Bequests – the Will can also include provisions for charitable donations (Sadaqah) and gifts beyond the obligatory inheritance shares.
• Debts and Liabilities – any outstanding debts and financial obligations are settled from the estate before distribution.

Creating an Islamic Will ensures that your assets are distributed in accordance with Sharia law, safeguarding the rights of heirs and fulfilling religious obligations regarding inheritance and bequests.

What are the legal requirements for a Sharia compliant Islamic Will?
For an Islamic Will to be legally binding in the UK, the person creating the Will must:

• Be 18 years old or over
• Have the mental capacity to make a Will
• Put the Will in writing
• Declare that they wrote the Will
• Legally declare that this is their last Will, and all other Wills are invalid
• Sign the Will in the presence of two witnesses (not a spouse or beneficiary)

For a Will to be Sharia compliant:

• Al-Wasi must be a Muslim
• The exact distribution of an estate can only be determined after the maker of the Will dies
• Any assets left must be specific such as a certain property, piece of art, or a particular car
• At least two-thirds of the estate must be distributed among living family members
• One-third can be left to anyone who is not entitled to a fixed share, for example, a charity

How First Law Solicitors can help

Listen to what you want to achieveWe will listen to you and help you define what you want to achieve when it comes to drafting your Sharia compliant Islamic Will. We will ask questions to ensure you consider things such acts of Sadaqah Jariyah.

Ensure your Will is valid
You can be confident that we will draft a clear, concise Islamic Will that meets all the legal requirements under the Wills Act 1837 and Sharia Law.

Provide independent legal advice
Our Private Client Solicitors will advise you on the consequences of your decisions when deciding on the distribution of your assets in a practical, straightforward manner.

Advise you on Inheritance Tax
We will ensure you are fully aware of the Inheritance Tax that may be applicable to your estate and any allowances and nil rate bands you may be entitled to.

Testamentary Trusts
We can advise on the establishment of a testamentary trust, which can be used to manage and distribute assets in line with Islamic principles, particularly for the benefit of minors or family members with specific needs.

What our clients say

Dedicated, professional and helpful staff. I pay special thanks to Mr. Waseem as he guided me very professionally and followed my case. He was very Helpful, Responsive and Friendly.

Please fill in our contact form or call us on +44 161 224 4066 to discuss the advising on and drafting your Sharia compliant Islamic Will.