Many Muslims who wish to write their Will would prefer to have an Islamic Will that is also a valid Will in England and Wales.  This short guide is intended to give you an idea of the elements involved in creating an Islamic Will.

Creating an Islamic Will is a potentially complicated process and therefore we would always recommend that you get in touch with us to talk you through the process based on your individual circumstances.  You can email us or call us and we’ll always be happy to help.

Firstly, the main difference between an Islamic (Sharia-compliant) Will and a non-Islamic Will is that under Sharia, two-thirds (2/3) or more of a person’s assets should be left according to the distribution rules in Islam.  The remaining up to one-third (1/3) can be distributed according to the deceased’s wishes.  This is the same for all Islamic Wills.  Whereas with a non-Islamic Will, the deceased person’s estate can (generally) be left as they wish in their Will.  

Many of the other elements of an Islamic Will are much the same as a non-Islamic Will.  To be valid under the law of England and Wales, they must be in writing, signed by the Testator and witnessed, and state that it is the writer’s Last Will – i.e., overrides any previous Wills.  Of course, the owner of an Islamic Will (the Testator) must be a Muslim.

Writing An Islamic Will

Before proceeding, there are a number of things to consider:

• Firstly, we need to have a general idea of what your assets and their values are.  This is a good idea before writing any Will.

• Similarly, you should know whether you have any debts and approximately what these amount to.

• Allow for an amount from your estate to clear any debts.

• Allow a further amount to cover any funeral costs.

• Some Muslims would like to allow another amount to ‘pay for’ any missed fasts etc.  This is known as Kaffarah. 

• Decide how much of your estate (up to one-third (1/3) you would like to give away freely to beneficiaries of your choice (including charities).

• You should consider which close relatives you have.  Islamic Wills include surviving parents as well as children.  There are degrees of relation (or classes of beneficiary) to consider.

• Just like with a non-Islamic Will, any jointly held assets automatically pass to the surviving owner.  So, a joint bank account held by a husband and wife will become the wife’s bank account if the husband passes away.  A property owned as Beneficial Joint Tenants by a husband and wife will become the husband’s property if the wife passes away.

Inheritance Rules

As a general rule, male relatives inherit twice as much as female relatives:

• A surviving son would inherit twice as much as a surviving daughter

• A surviving husband would inherit twice as much as a surviving wife

Other rules:

• Surviving parents would inherit an equal amount - normally one-sixth (1/6).

• If there are no close relatives, extended family can inherit, but through the male line only.

• Immediate family members are classed as primary beneficiaries.  These include: husband, wife, son, daughter, father and mother.

• Extended family include nieces and nephews, aunts and uncles.  These secondary beneficiaries can inherit if the deceased left no primary beneficiaries. 

If you would like to speak to us about drawing up an Islamic Will, please get in touch and we’ll be happy to advise you.

Examples of inheritance under an Islamic Will:

1. A father dies leaving an estate worth £200,000 and leaving a wife, two sons and a daughter.  His Will states that he does not want to leave any of his estate freely to any additional beneficiaries or to charity.

• His wife is entitled to an eighth (1/8) = 12.5 % of the estate = £25,000.

• His daughter is entitled to a fifth (1/5) of the remainder = 17.5% of the estate = £35,000.

• Each of his sons is entitled to two-fifths (2/5) of the remainder = 35% of the estate = £70,000.

1. A mother dies leaving and estate worth £300,000 and leaving her mother, a son and a daughter.  In her Will she leaves one-third of her estate to a charity.

• Her mother is entitled to a sixth (1/6) = 16.67% of the estate = £33,340.

• Her daughter is entitled to a third (1/3) of what remains = 27.8% of the estate = £55,600.

• Her son is entitled to 2/3 of what remains = 55.6% of the estate = £111,200.

1. A father dies leaving an estate worth £450,000 and leaving a wife, his mother and two daughters.  His Will leaves one-third (1/3) of his estate to a charity.

• His wife is entitled to an eighth (1/8) = 12.5% of the estate = £37,500.

• His mother is entitled to one-sixth (1/6) = 16.67% of the estate = £50,000.

• Each daughter is entitled to half of what remains = approximately 35% of the estate = £106,250.

Nuzriah

Nuzriah is a vow that a person can make, to make a gift of part of their estate to a beneficiary before they pass away.  We would advise that to ensure this is wish is carried out, the vow is also written into your Will, so that if you pass away before the gift is transferred, your intentions are clear and your wishes can be carried out.

Islamic Wills are a potentially complicated subject and it is extremely important that they are drafted correctly.  At Castle Family Legal we will always provide fantastic customer service and our advice is backed up by a large team of qualified legal experts.

For an informal chat or for more information, contact us through the site, by email or by phone.  We look forward to assisting you with this most responsible of tasks.