Islamic Wills

Under the law of England and Wales you can either make a Will or if you do not then your estate will be divided in accordance with the Rules of Intestacy. These rules do not accord with the principles of Shari'a Law.

If you make a Will under the law of England and Wales then there are strict rules about what is a "valid Will". Basically the law is about the signing and witnessing of the Will and not its contents. It is therefore possible to make a Will valid within English Law which complies with Shari'a Law.

So why make an Islamic Will?

1. Compliance with Shari'a Law

As a Muslim who wishes to live according to your faith then as a devout Muslim you will wish to make an Islamic Will so that it complies with the Shari'a Law.

2. Family Bequests and Guardians

When making a Will you will be entitled to appoint legal guardians if any children under the age of 18 should your and your spouse die.

English Law fails to recognise Islamic marriages or divorces executed in England. By making an Islamic Will existing spouses and their dependants can be guaranteed the share to which they are entitled under Shari'a Law.

3. Charitable Bequests

Any legacy left to a charity registered in the UK is free of Inheritance Tax so this will reduce the amount of tax your estate will have to pay after your death.

4. Inheritance Tax Mitigation

A tax efficient Will can save on the amount of Inheritance Tax your estate will pay after you die, and shall be fully Shari'a compliant ensuring that the correct shares are distributed with no tax payable on the first death (and greatly reduced on the death of the survivor).

5. Peace of Mind

By appointing executors of your choice, they will administer your estate on your behalf and you will be assured that your wishes will be carried out.

If you would like to discuss any of the matters raised above then please do not hesitate to contact either Khalid Salim or Fahmida Ismail of Sydney Mitchell Solicitors, 35 Waterloo Street, Birmingham B2 5TJ. Tel.No: 0121 698 2200.