| Daily Prayer Times | Fajr: 05:51 | Sunrise: 07:23 | Dhuhr: 12:47 | Sunset: 18:09 | Maghrib: 18:24 | Midnight: 00:00 |
Dar Al-Islam CentreLONDON
Dar Al-Islam CentreLONDON
| Daily Prayer Times | Fajr: 05:51 | Sunrise: 07:23 | Dhuhr: 12:47 | Sunset: 18:09 | Maghrib: 18:24 | Midnight: 00:00 |
Dar Al-Islam CentreLONDON
Dar Al-Islam CentreLONDON
It is prescribed for you, when death approaches any of you, if he leaves wealth, that he make a bequest to parents and next of kin, according to reasonable manners. (This is) a duty upon the righteous.
(Quran 2:180)
Will Writing is the process of creating a legal document (a Will) that outlines how you wish your assets and possessions to be distributed after your death, as well as name guardians for minor children, and appoint representatives to carry out your wishes. A well-drafted will ensures that your estate is handled according to your desires and can prevent disputes among loved ones.
An Islamic Will is written similarly to a standard legal Will, but the main difference is that it follows the principles of Islamic law. This means the guidelines for distributing wealth and property are based on teachings from the Quran and Hadith. An Islamic Will usually includes specific shares for family members, like parents, spouses, and children, as required by faith. You also have the option to allocate up to one-third of your estate however you choose, i.e., to non-family members or for charitable purposes.
And when there are relatives, orphans, and the needy present at the time of division, give them something from it and speak to them words of kindness.
(Surah An-Nisa 4:8)
Expertise
Telephone: +44 (0)20 3907 4017
Email: duha.al-wakeel@meum.group
Expertise
Telephone: +44 20 3755 5437
When selecting a solicitor, it’s important to consider their professional associations, as these reflect their expertise and commitment to high standards. Many of the solicitors listed on our directory are members of prestigious professional bodies, including:
We are proud to feature solicitors on our page who hold these valuable credentials, ensuring that you receive expert legal advice from trusted professionals.
A global professional organisation for specialists in trusts, estates, and related fields. Solicitors who are STEP members have demonstrated a high level of expertise in estate planning and administration.
An accreditation from the Law Society that identifies solicitors who meet rigorous standards in Will writing and inheritance services. This accreditation ensures that clients receive high-quality, professional advice and assistance.
You must be at least 18 years old.
You must have the mental capacity to understand the nature and effect of your Will, the extent of your estate, and the people or charities who may benefit. If someone is unwell or not mentally stable, they are unable to legally execute a Will.
Your Will must be written. It can be handwritten, typed, or printed. Oral Wills (made verbally) are not valid in England and Wales.
The Will must be signed by you (the testator) at the end of the document. This signature should reflect your intention to make the Will and should be made in front of two independent witnesses.
A lawyer can help ensure that your Will is both legally valid in the UK and compliant with the laws, offering peace of mind that your estate will be distributed according to your wishes. If you die without a valid Will, intestacy laws in England and Wales determine how your estate is divided. This means the government will decide who inherits your assets, based on fixed legal rules. Under England and Wales law, if a marriage is not legally registered, the surviving spouse may not be recognised as a legal heir under intestacy rules. If you marry according to Islamic traditions only but don’t register the marriage with the authorities, the surviving spouse is not recognised as a legal heir. This can lead to legal issues and financial difficulties for your family.
As Islamic inheritance laws can be complex, it is also advisable to seek guidance from an Islamic scholar to ensure that your Will is both compliant with religious and domestic civil law.
Create a comprehensive list of all your assets, such as property, bank accounts, investments, jewelry, and other valuables.
Also, include any debts or obligations, as these must be cleared before distributing your estate.
Under UK law, funeral costs are prioritised as a necessary expense, and they are usually paid from the deceased’s estate before any debts or inheritances are settled. Executors are responsible for ensuring these costs are covered, as part of their duty to manage the estate.
Funeral costs are seen as a legitimate and necessary expense in UK law, aligning with Islamic law which requires that funeral/burial expenses, as well as outstanding debts, including unpaid religious dues like Zakat or Kaffarah (expiation), be settled before distributing the estate to heirs. Instruct your executor to ensure these obligations are fulfilled.
You should specify your funeral wishes to provide clear guidance for your loved ones and executor to ensure your preferences are carried out as requested. This can include:
Appoint a reliable and trustworthy individual as the executor of your Will to ensure your wishes are carried out. The chosen executor should be capable of managing financial affairs in accordance with Islamic law, and shares are handled correctly. Under English law, an executor has several important responsibilities, including the duty to collect and distribute all assets appropriately. They are also accountable to the court for fulfilling these duties.
If you have minor children, it is important to choose a guardian in your will to care for them if both parents pass away. The selected guardian should be someone who is not only trustworthy and capable of providing for the children, will guide the children in their religious upbringing, education, and overall well-being.
You may allocate up to one-third of your estate to non-heirs, charities, or others. This portion can be given to friends, charities, or relatives who do not automatically inherit under Islamic inheritance laws. Any amount exceeding one-third needs the heirs’ consent.
At least two trustworthy adult Muslim witnesses should be present during the signing, and the witnesses must then sign the Will in your presence, confirming that they witnessed your signature. It is important that all signatures (yours and the witnesses’) are made in the same physical location, or ‘in the presence of’ each other.
The role of the witnesses is to confirm the validity of the Will by ensuring that the testator understands what they are signing, that the Will accurately reflects their wishes, and that they are of sound mind at the time of signing. To maintain transparency and avoid conflicts of interest, the witnesses must be impartial and cannot be beneficiaries of the Will.
The remaining estate, after debts, funeral costs, and bequests, is distributed based on the shares outlined in the Quran. Spouses, children, and parents inherit based on their relationship with the deseaced. Consult a scholar for accurate guidance.
It’s important to periodically review and update your Will to account for any changes in your financial status, family dynamics, or personal wishes.
Note: a new will automatically revokes any previous wills. It’s important to clearly state in your new will that you intend to revoke all prior wills and codic
Legal Formality and Validity: Missing formalities can invalidate a Will. It’s essential to follow legal procedures carefully for the Will to be effective.
Tax Considerations: There are tax implications that need to be considered when writing a Will. For example, inheritance tax applies to the value of the estate above a certain threshold, typically taxed at 40%. It’s advisable to consult with a solicitor for tax advice and ensure the proper filing of tax-related documents.
Legal Disputes After Death: Wills can be disputed after someone passes away, leading to legal battles. It’s important to make sure the Will is clear and well-prepared to reduce the chance of challenges.
Legal Requirements and Technical Issues: There are technical reasons that can make a Will invalid. For example, certain formalities need to be met for a Will to be legally binding. It’s also important to ensure that the Will is properly executed and witnessed.
Marriage and Legal Recognition: A legal marriage is necessary for a Will to be fully recognised. Islamic marriages can present complications because they may not be recognised as a legal marriage in the eyes of UK law, which can affect the distribution of assets.
Islamic vs Legal: Some solicitors may not handle Islamic Wills, but there are alternatives, such as creating a separate document called a “document of wishes” that is included within the legal Will.
Tax Relief and Distribution Challenges: Tax relief issues can arise if a Will’s distribution isn’t planned carefully. For example, leaving assets to a child/children or siblings may not result in tax benefits, especially if the estate is not structured appropriately for tax purposes.
Grant of Probate: If the estate is small (e.g., less than £15,000 or consists mainly of liquid assets like a bank account), it may not require probate. For estates worth more than £15,000 or if there are property sales involved, probate is needed. Probate gives the executor the authority to manage the estate according to the terms of the Will.
Importance of Original Will: It’s crucial to keep the original Will safe and accessible. The named executor should ensure that they are aware of their responsibilities and that the original document is not lost.
Executor’s Role: Being named as an executor in a Will can be a significant responsibility and should not be taken lightly. It’s important for the executor to be prepared for the duties involved in administering the estate.
Estate: An estate refers to all the assets, property, money, and belongings that a person owns at the time of their death. This includes real estate, bank accounts, investments, personal possessions, and any other financial holdings.
Codicils: An additional legal document that explains or alters your will.