Validity of Islamic Will drafted in the UK in Mauritius

The Inheritance Laws of Mauritius are based on the Old French Civil Code. Depending on the number of children, a certain portion of the total estate MUST be passed on to the children. If you have one child, you are free to allocate 1/2 of your assets. The other half is inherited by the child. If you have two children, the children share in 2/3 of your estate and the remaining 1/3 can be allocated according to your wishes. If you have three of more children, they will share 3/4 of your estate, and the remaining 1/4 can be allocated according to your wishes. The Mauritian Civil Code does not recognise Shariah Law.

So how then can a person write a Shariah compliant Will in Mauritius? The solution is that all children agree amongst themselves that they will follow the wishes of their parent so that Islamic Shariah Law is used to recalculate the shares of the immediate family. Therefore, any share that they receive under the Civil Code is voluntarily given back for calculation and re-distribution under the Shariah Laws. However, if even one of the children objects, he can insist that the distribution is done in accordance with the Civil Code.

The validity of an English Will in Mauritius

If you write a Will under English Law but also have land or property in Mauritius, the following process must be undertaken so that your English Will will also cover the property in Mauritius:-

1. Sign your Will according to our signing instructions; i.e. sign it in the presence of two male witnesses who must also witness and sign your Will in your presence.
2. You should then take your Will to a Notary Public to be authenticated. You can find one locally by visiting this website http://www.thenotariessociety.org.uk.
3. It must then be sent to the Foreign and Commonwealth Office to be legalised. Legalisation is the official confirmation that a document is genuine and can be used overseas. Further information on this can be found at http://www.fco.gov.uk/en/about-the-fco/what-we-do/docs-and-legal-services/legalisation/.

Submitted on Apr-19-2009

Written by Amina Sayed Hossen

The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.