Skip to main content

Insight article

September 7, 2018

Islamic Wills in England and Wales

Sharia law sets out strict rules that determine how an individual’s assets are administered upon death.

The European Convention on Human Rights gives everyone in the UK a right to freedom of thought, conscience and religion. This includes the freedom for an individual to live and die following their faith. This, coupled with English law’s principle of testamentary freedom, allows everyone over the age of 18, with mental capacity, to create a will.

Accordingly, a Muslim over 18 years old with full mental capacity has the right to dispose of his or her assets in accordance with Sharia law, subject to compliance with English law.

How to create an Islamic will

The legal requirements set out in section 9 of the Wills Act 1837 must be complied with for a will to be valid. In brief, a will must be:

  • in writing;
  • signed with the intention to give effect to the will; and
  • signed in the presence of two or more witnesses.

As with any will, care should be taken in selecting any executor(s). Sharia law recommends choosing Muslim men who have knowledge of Sharia law as their knowledge will assist them in making decisions during the estate administration. For example, investing monies in a trust fund in accordance with Islamic finance rules. Further, the will should declare the testator’s intention to follow Sharia law. This will be useful should the will be challenged.

Documenting any funeral wishes within your will, including any preferred burial site, is also useful. Many Islamic wills directly object to having an autopsy, although that will likely be a matter for English law and the relevant authorities.

Sharia law sets out strict rules determining how an individual’s assets are administered upon death. These have been prescribed in the Quran and are vastly different to English law.

Failing to create a will, Islamic or otherwise, will result in the deceased’s personal assets being distributed in accordance with the Intestacy Rules.

For a simple guide to the Intestacy Rules, see our flowchart below(a larger copy of which can be found here):

Infochart The Intestacy Rules 2023 Update

For a larger copy of the above image, click here.

These distribution rules are vastly different from those set out in the Quran. Beneficiaries under the Intestacy Rules may elect to distribute the estate in accordance with Sharia law. However, it may not be in their interest to do so, and the lack of a will can lead to family disputes.

Sharia law and estate planning

In England and Wales, estates over £325,000 are subject to a 40% Inheritance Tax, subject to any other available reliefs and exemptions. Sharia law is not the most tax-efficient way to distribute an estate as it does not fully utilise reliefs and exemptions available such as the residential nil rate band (also known as the “additional threshold”) or a spouse’s exemption.

Lifetime estate planning can assist in reducing the Inheritance Tax payable under Sharia law distribution.

Before creating an Islamic will speak to our wills, tax and trusts specialist, James McMullan, to ensure you create a valid will, attempt to minimise your Inheritance Tax liability and avoid potential claims against your estate under the Inheritance Act.

You should review your will every 18 to 24 months and whenever a life-changing event occurs, such as a birth, death, marriage*, divorce or an increase in wealth.

* It is important to note that a marriage revokes a will in its entirety, but a divorce does not, although a gift in a will to a spouse who is later divorced by the testator will be treated as if the spouse had pre-deceased.

Note: This is not legal advice; it provides information of general interest about current legal issues.

Stay in touch

Subscribe to our newsletter

Stay in touch

By completing your details and submitting this form you confirm you are happy for us to send you marketing communications and that you agree to our Website Privacy Policy and Legal Notice and to us using Mailchimp to process your data.


Sending

News/Insight

  • An Introduction to Private Client Law
    Lasting Powers of Attorney


    Read more
  • Working with freelancers
    In today's evolving job market, more and more professionals are opting for freelance work rather than traditional employment. This shift has prompted businesses to adapt their recruitment practices to accommodate the growing number of freelancers.


    Read more
  • Travelling abroad with a child who has a different surname
    When travelling abroad with a child, parents often question the legal implications, especially if the child has a different surname.


    Read more
  • Why flexibility and rigid rules won’t mix in the workplace
    From 6 April 2024, employees will have the statutory right to request flexible working arrangements from day one of their employment.


    Read more
  • Key aspects of the Chancellor’s March 2024 Spring Budget
    Our experienced solicitors look at the key points of this year's Spring Budget and how they could affect you.


    Read more

What they say...

  • David Barbanel, March 2024
    “Kane has been exceptional in guiding me through a new lease for a commercial property I own. He has advised me brilliantly, picking up various points to discuss, which I hadn’t even thought of… The process was speedy, and he was always

  • Aymeric Disegna, March 2024
    “Very good service from the beginning until the end. We previously dealt with Neil when we purchased the property, and he has been as efficient as the first time when we decided to sell 3 years later.” Residential sales and purchases

  • Michaela & Barry Hyams, March 2024
    “RIAA Barker Gillette, with their offices in Central and North London, epitomizes excellence in conveyancing services. Martin and Sharon, the adept team we worked with, were absolute gems throughout the entire process. Their professionalism and ded

  • Anon, March 2024
    “Professional team, sufficient skills and knowledge, service mind and risk oriented approach.” Corporate and commercial

  • Deborah Anderson, March 2024
    “Charlotte provided excellent service throughout the process of setting up our lasting powers of attorney. Online communication and face-to-face meetings were handled professionally at all times.” Older people and LPAs

Read more
Send this to a friend