Islamic Wills in the UK

Guides

Writing a will can be done quickly and easily here at Unite Wills, but it seems that a large portion of the UK and Muslim population have not yet done so.

According to Shariah law, writing an Islamic will is one of the most important duties in a Muslim person’s life, and our legal will-writing services here at Unite Wills can help you do just that.

What is an Islamic will?

A will is a legal document that allows you to outline exactly how your estate (consisting of all your assets) is distributed in the event of your death, and it’s also an opportunity to choose an executor to manage the process of probate, provide guidance in terms of your own funeral arrangements and set up guardianship orders to protect your children or dependants.

Drawing up a will in the UK with our professional help provides you with invaluable peace of mind, ensuring that your assets are distributed in line with your beliefs and wishes, and helping to protect your heirs when you’re no longer around.

In a non-Islamic will, a person can leave their assets to whoever they wish, but Islamic wills differ somewhat as there are specific rules relating to what to include in a will and who is entitled to what portion of the estate. That is the primary difference between non-Islamic and Islamic wills.

Islam pre-determines who inherits the assets left behind by a Muslim, with the legacy being divided primarily between the spouse, children and parents by using specific calculations - you can work these out by using an Islamic will calculator, or we can help you here at Unite Wills.

If you die without leaving an Islamic will under British jurisprudence, you risk your assets being distributed against your beliefs in accordance with the rules of intestacy, rather than the guidelines set out in the Qur’an.

If you die without a valid will in the UK (Islamic or not), your assets could end up going to distant family members that you’ve rarely been in contact with, or worse, the Crown. The only way to avoid the dreaded rules of intestacy is to write a legally valid will, which you can do online at Unite Wills.

The importance of inheritance planning in Islam and an Islamic will

Islam places a large emphasis on the importance of leaving this world in the best possible way.

In order to ensure that your inheritance is handled correctly and in a way that adheres to your religious beliefs, it is important that you write an accurate Sharia will.

Writing an Islamic will in England and Wales

The intestacy rules are different from Islamic law in England and Wales, which means that it is imperative for Muslims to consult a legal professional service when looking to write an Islamic will in the UK. 

With the help of Unite Wills, you will be able to write an Islamic will online in accordance with Shariah law to ensure that your assets are divided amongst family members in line with the rules outlined in the Qur’an.

Inheritance, Sharia law and Islamic will rules 

There are four duties that must be carried out when a Muslim passes away: 

  • Payment of funeral costs
  • Payment of his or her debts
  • Execution of his or her will 
  • Distribution of his or her assets in line with Shariah law

The Qur’an outlines in detail the fixed portion of an estate that should be inherited by certain people related to you. Some key inheritance rules according to Shariah law can be broken down as follows: 

  • Husband: Inherits 1/2 if the deceased has no children or 1/4 if the deceased has children.
  • Wife: Inherits 1/4 if the deceased has no children or 1/8 if the deceased has children.
  • Daughters: Inherit 1/2 if the deceased has only one daughter and no sons, or 2/3 if the deceased has multiple daughters and no sons (shared equally between all daughters).
  • Son and daughter: Inherit a shared portion with a 2:1 ratio.  
  • Father: Inherits 1/6 if the deceased has children.
  • Mother: Inherits 1/3 if the deceased has no children or siblings, or 1/6 if the deceased has children or siblings.

For more details or a specific breakdown of how your legacy would be distributed, we recommend using an Islamic will calculator (there are plenty available online). 

Changing the inheritors in an Islamic will

We have explained that Sharia law has strict and pre-determined rules regarding how your estate should be distributed, but it’s also worth noting that it is entirely possible to change who inherits your assets.  In order to do so, you would need written consent, allowing you to assign a particular portion of the estate to someone else.  

Once written consent has been formally given, you (testator) are then able to write the will which includes these agreed changes.

In order for this to be done in accordance with both domestic UK law and Islamic law, you must seek advice from a professional, legal will writing service. 

What are bequests?

We have established that Islamic law means that your estate should be distributed in-line with pre-determined guidelines and that you could also make changes to those inheritors, but there is another highly important factor to consider when planning your will – and that is bequests. 

Islam provides Muslims with the flexibility of distributing up to one-third of their estate in any way they wish, without taking into account the Islamic rules previously mentioned. This flexibility over one-third of the estate is called a bequest. 

The Islamic will rules regarding who receives what proportion of the inheritance can apply to all of your estate if you want them to, but you do have the option of the rules only applying to two-thirds of your estate if you wish to alter the remaining third – for example, if you want to give to charity or perhaps give more to a certain loved one.

Thanks to the bequest, you can distribute one-third of your assets however you like, subject to two simple rules listed below.  

The rules of a bequest are simple and easy to follow: 

  1. Any assets you leave must be specific – such as a certain car, piece of jewellery or an amount of cash left to a charity.
  2. Anything you leave in bequest must be valued at no more than one-third of your estate. 

Those who adhere to certain schools of thought may want to leave some of their estate as a form of compensation for missed fasts and prayers during their lifetime – this is known as a kaffarah – which can be done through a bequest. 

If you would like to do this, be sure to draft the bequest carefully and ensure that you receive tailored advice from a professional will writing service like that provided by us here at Unite Wills.

Writing an Islamic will online vs. making an Islamic will with a solicitor 

You can either write an Islamic will using online legal will-writing services or through solicitors, which can be costly. It all depends on your needs and preferences.

To help you get an idea of which would be better for you, here’s a comparison table:

Islamic will online

Islamic will through a solicitor

Make your will anywhere on any device in accordance with Sharia law Usually requires meetings and telephone calls
Can be done with minimal time and effort  A time-consuming process
Often a cheaper option than using solicitors and costs are known upfront Can be far more costly than writing a will online and charges are per hour
Fixed prices Variable fees
Store your will in a secure facility Some may not offer storage facilities

There are, of course, pros and cons to both ways of writing an Islamic will (and each method gives a much-needed peace of mind), but by doing so online, it is more affordable, less time-consuming and considerably more accessible. 

How to create a will according to Islamic law in the UK

Simply complete our registration form to start making your Islamic will today. If you have any problems or you need specialist advice, get in touch with us by using our short contact form if you would like to enquire about any of our specific services.

Why write an Islamic will with Unite Wills? 

Writing a will can seem a monumental task – particularly for Muslims who are not only required to follow UK law, but also the rules of their religion and Sharia law. However, here at Unite Wills, we can help make the process of creating an Islamic will as straightforward as possible. 

By choosing to write a will with Unite Wills, you are able to rest easy knowing that your will has been written in a way that is legally-binding in the UK, yet adheres to your Islamic beliefs and Shariah law. 

With our guidance, you will be able to make an Islamic will that coincides with the laws of your religion while also remaining legally binding under UK jurisprudence. As well as this, you will receive complete peace of mind in knowing that your family and your assets will be protected when you’re no longer around.

When you make a will with the services offered by Unite Wills: 

  • You protect your loved ones, businesses and all other assets
  • You live with an invaluable peace of mind
  • Your will is guaranteed to be compliant to English and Welsh law
  • You ensure that your legacy is handled in a way that represents Islamic terms and Shariah law
  • We can take care of everything on behalf of you and your family 
  • You are able to write your will online with minimal hassle
  • Our team will check your will thoroughly to ensure that it is accurate and there are no chances of it being void when the time comes
  • Our team is friendly, professional and experienced
  • Advice is on hand if you experience any problems making your will or have any queries
  • We can help you with the process of probate

If you want to change your existing will or write an entirely new one, register with Unite Wills or contact us if you have a specific question that you need us to answer.

Make the most of our Islamic will writing service today and start inheritance planning now to protect your hard-earned assets and the future of your loved ones, for when you’re no longer around.