Islamic Wills written in accordance with Muslim Custom – Muslim Wills
There is a growing population of Muslims in England and Wales who need Muslim Wills, i.e. they prefer to include elements of Islamic Law where it is possible into their legal documents. This is also true of Wills and we, here at MW Legal Services, are able to write a Will for a person who wishes to do that whilst remaining inside the Law.
The main elements of Islamic compliant Wills
In such wills, not less than two thirds of the estate must be distributed amongst surviving relatives in the fixed shares in accordance with the Qur’an.
However it is permitted to leave all or part of up to one third of the estate to any person or charity whether or not Muslim, so long as any beneficiary is not a relative already receiving a fixed share. It must be remembered that all funeral expenses, debts and zakah must be paid before the one third can be assessed.
MW Legal Services write Wills that allow the preparation of Islamic wills either:
(1) giving an outright distribution of the whole estate to qualifying relatives directly – this can be created using our online form here.
(2) using a discretionary trust of the residuary estate allowing the testator to direct his trustees to deal with the estate in accordance with Islamic principles through a letter of wishes. These can be created either by email to us via the Contact page or by telephone, prices are available here. This is a more flexible approach allowing the testator the future ability to make wishes concerning:
(a) the one third share;
(b) appropriation of particular assets to qualifying relatives;
(c) the administration of the estate in the most tax efficient manner.
The letter of wishes can be written by the Testator so that his Executors and Trustees have guidance.
Our online Single Will form also allow you, the testator, to state your preferred school of thought concerning the Islamic law of inheritance by naming the Imam who’s school of thought is to be followed.