Frequently Asked Questions on Making Islamic Wills

• Why do I need to make an Islamic Will?
• What are the benefits of using a Solicitor?
• Is this Service appropriate for me?
• What should I do before writing my Islamic Will?
• What if I have a question to ask you?
• What is Islamic Inheritance Law?
• What school of thought do you use?
• Who are the relatives entitled to a fixed share?
• What choices do I have under Islamic Inheritance Law?
• What will happen to my spouse if my home needs to be divided among my Qur'anic Heirs?
• What happens if I write a my Will and one of my Qur'anic Heirs dies before me?
• I have adopted children, does this make a difference?
• I have non-Muslim parents, does this make a difference?
• What is included in my estate?
• Do I need to know the value of my Estate?
• My spouse and I own everything in joint names, do we both need to make a Will?
• What is an executor?
• What is a guardian?
• What assets pass outside of my Will?
• What is Inheritance Tax?
• Will I have to pay inheritance tax?
• Where should I keep my Will?
• When should I review my Will?

Why do I need to make an Islamic Will?

The Qur'an specifies that we must distribute our wealth in a certain way when you pass away.

If you pass away without a Will, your wealth will be distributed according to the English and Welsh Law disregarding your religious obligations.

In addition, your family will have to apply to the courts to gain access to your wealth. This procedure can take a long time to finalise and can be far more costly than the cost of a Will.

View Futher Reasons To Make an Islamic Will

What are the benefits of using a Solicitor to write my Will?

Our solicitor has undergone extensive legal training and is regulated by the Solicitors Regulation Authority, which means that we must comply with its practice rules, regulations and codes of practice.

In addition, solicitors are required to have Professional Indemnity Insurance so you can have the peace of mind that if you make a will using our website, you are fully protected for up to £3 million.

Is this Service appropriate for me?

This service is suitable for the vast majority of people to use in writing their own Will. Provided that you follow all of our instructions carefully, your Islamic Will should be compliant with the laws of England and Wales and the Shariah.

The service is appropriate if you:-

• a) are a British citizen or your permanent home is in either England or Wales;
• b) are over 18 years of age ;
• c) are a Muslim;
• d) are able to read, write and see;
• e) understand the English language; and
• f) understand the nature and purpose of making a Will.

This service is unable to cover all individual circumstances. You may benefit from seeking advice from a specialist in the following situations:-

• a) A Foreign Property Law Specialist in relation to your assets outside England and Wales;
• b) A Family Law Specialist if there is a court order relating to where your child is to live or to who has parental responsibility for the child; or
• c) A Trust Specialist if you wish to make provision for a disabled child.

In addition, if the net value of your estate exceeds the value of £325,000, or if you are married and your combined estate with your spouse exceeds the value of £650,000, there may be tax implications in the event of your death or the death of your spouse.

View Our Inheritance Calculator

We also offer Tax Planning Service to minimise the costs of inheritance tax on death. If you are interested in this Service, please send an email to contact@islamwills.co.uk with your contact information and we will contact you to discuss your circumstances in more detail insha Allah.

Top

What should I do before writing my Islamic Will?

If you would like to write your Will, you should consider the following points:-

1. Who you wish to appoint as Executor(s)?
2. If you have children under 18, who you wish to appoint as Guardian(s)?
3. What gifts or charitable donations you would like to make in the event of your death?

To assist you further, we have produced a more detailed guide to writing your Will.

View Our Islamic Will Guide

What if I have a question to ask you?

You may direct all enquiries to our Islamic Wills Solicitor, Amina Sayed-Hossen either by email to ashossen@islamwills.co.uk or telephone on 0845 813 2323.

Top

What is Islamic Inheritance Law?

The basic principle is that after the payment of any debts, funeral expenses and taxes, at least two thirds of a Muslim's estate must be distributed amongst his surviving close relatives in the fixed shares prescribed in the Qur'an.

Up to one third of the estate may be given to anyone not entitled to a fixed share as a gift. In the absence of any gifts, the entire estate will be distributed amongst the Qur'anic Heirs.

View Our Quran/Hadith Sources

What school of thought do you use?

If you have a living father, son or brother and no half brothers), there are no differences of opinion in relation to the distribution in these cases between the different schools of thought. However, if you do not fall into this category, we will contact you after you submit your instructions to discuss which school of thought you follow in order to determine how your distribution should be calculated.

Who are the relatives entitled to a fixed share?

Your closest relatives (spouse, parents and children) will always inherit a share and will take precedence over more distant relatives such as your siblings, grandparents or grandchildren.

For example, if a husband who passes away leaving only his wife, mother and a son amongst his closest relatives and does not makes any gifts, according to the Shariah, his estate will be divided into 24 parts and distributed as follows:

• Mother - 4/24 (16.7%)
• Wife - 3/24 (12.5%)
• Son - 17/24 (70.8%)

What choices do I have under Islamic Inheritance Law?

After any debts are paid, you can make gifts from the remainder of your estate to anyone not entitled to a fixed share, such as to other family members or charities. However, your gifts can only add up to a maximum of one-third of your estate although you can choose to give less or nothing at all.

For example, if your total estate adds up to £110,000 from which your debts of £10,000 are deducted, the remainder of your estate is £100,000. You can only make gifts of a maximum of £33,333. The balance must be distributed amongst your Qur'anic Heirs.

Based on Islamic guidelines , it is recommended that you bear in mind the following people, when making a gift:

• The poor and incapacitated
• Orphans;
• Relatives in need including widows;
• Charity projects with ongoing rewards (sadaqa jariya) such as the building of wells, schools and orphanages. This action is one of only three actions, which may continue to get rewards from after you pass away ;
• Other close relatives who are not entitled to a fixed share including any adopted children, non-Muslims parents and fianc?s.

Simply choose what gifts you wish to leave (up to one-third) and the rest will be distributed amongst your closest relatives.

What will happen to my spouse if my home is divided among my Qur'anic Heirs?

There are several possibilities in this situation:-

Option 1: Where the surviving spouse wishes to remain in the home, but does not have sufficient means to buy the other shares, the other Qur'anic Heirs can agree that whilst retaining their shares in the house, the surviving spouse can continue to live in the house.

Option 2: Where the surviving spouse wishes to remain in the home, the market value of the home is obtained and the surviving spouse buys out the shares of your Qur'anic Heirs.

Option 3: The house can be sold and the proceeds of the sale divided amongst your Qur'anic Heirs. This may be an ideal solution where the children have left home and the surviving spouse decides to move to a smaller home nearer to one of the children.

Option 4: The other shareholders are entitled under the Shariah to give part or their entire share to the surviving spouse (or anyone else) while they are alive. But this must be a voluntary decision and they cannot be forced to agree to this.

What happens if I write my Will and one of my Qur'anic Heirs passes away before me?

To cover this possibility, our Wills give powers to your Executors to have your estate recalculated to take into account your closest living relatives at the time of your death.

I have adopted children, does this make a difference?

Yes, adopted children cannot inherit from you as Qur'anic Heirs based on the verse from the Qur'an stating "nor has He made your adopted sons your sons" (Qur'an 33:4) Therefore, if you wish to make provision for your adopted children, you should leave them a gift in your Will.

I have non-Muslim parents, does this make a difference?

Non-Muslims cannot inherit from you as Qur'anic Heirs based on the hadith from the Sahih al-Bukhari stating "A Muslim cannot be the heir of a disbeliever, nor disbeliever be the heir of a Muslim". Therefore, if you wish to make provision for your non-Muslim parents, you should leave them a gift in your Will where you can leave up to 1/3 of your estate.

What is included in my estate?

Your estate is everything you own at the time of your death after all your outstanding debts have been paid, including your funeral expenses, inheritance tax (if applicable) and your outstanding religious obligations such as Zakat and Mahr.

It refers to your individual wealth. So if you own your house with your spouse together in equal shares then, in the event of your death, under Islamic Inheritance Laws your half share in the house must be distributed amongst your closest relatives.

Refer to link: What will happen to my spouse if my home is divided among my Qur'anic Heirs?

Do I need to know the value of my estate?

This information is not required for preparing your Islamic Will. Our Wills refer to individual shares in terms of percentages i.e. 22% to charity and 10% to my daughter.

However, it may be useful to value your estate for two reasons:-

1. To help you determine the percentage you wish to leave as gifts in your Will.

For example, if your estate after debts is worth £50,000, you can leave as much as one third of your estate would amount to £16,666.

2. If your estate is worth over £325,000, you may benefit from tax planning advice prior to writing your Will.

View Our Inheritance Calculator

My spouse and I own everything in joint names, do we both need to make a Will?

Yes, you may own all of your assets in joint names but the share you own in these assets is considered to be your personal wealth. In addition, you may have assets which are owned in your own name such as bank accounts and jewellery etc. Under the Shariah, the distribution of a wife?s estate is calculated differently from that of her husbands. Therefore each individual under English law and Shariah Law requires their own individual will.

For example, your house is worth £200,000 and you own it in equal shares with your spouse. You both have £100,000 each to leave in your Will. Some of your closest relatives will have a right to your wealth and some of your spouse's closest relatives will have a right to her wealth.

What is an executor?

Your executor acts as your representative after death. His/her duties are to assemble your assets, pay all your debts and distribute the remainder of your estate in accordance with your Will.

If you have any children under the age of 18, your executors will look after anything they inherit until they are old enough. They will also be able to use the inheritance to help support the children financially in the meantime.

Your executor must be an adult and should be someone reliable and trustworthy. An Executor can also be a Beneficiary. If you choose your spouse/partner, they can act on their own or jointly with another person. We advise you to appoint two executors if your Will contains a gift to children under the age of 18 at the time of your death.

You should also appoint at least one substitute executor in case the executors are unable to carry out this duty where for example, their circumstances have changed or they have passedd away before you.

Always check with your proposed executors in advance to be certain they are willing to take on this role.

What is a guardian?

When making a Will, you need to consider who should be the guardians of any children under the age of 18 years in the event of them being left without any parents.

Since a guardian takes the place of a parent, you should choose someone who can offer the best care for your children and are able to teach your children Islamic ideals and values that you approve of. We recommend that you appoint two Muslim members of your family as your guardians who are living together in a stable relationship.

You should check with your proposed guardians in advance to be certain they are willing to accept this role should it become necessary. You may also appoint substitute guardians should your original appointees be unable, for whatever reason, to carry out this role such as where their circumstances have changed or they have passed away before you.

However, if there is a court order relating to where the child is to live or to parental responsibility for the child, we advise you to speak to a Family Law Specialist prior to purchasing this service.

What assets pass outside my Will?

An asset passes outside of your Will if, in the event of your death, it passes directly to someone else. For example, if you own your property as joint tenants with your spouse, in the event of your death your share of the house passes directly to your spouse. This will be not be considered as part of your estate. Similarly, if your insurance or pension policy is written in trust of nominated beneficiaries, it will also pass outside of your Will to that beneficiary in the event of your death.

We advise you to refer to your property title deeds, life insurance and pension documents to review if this is the case.

This raises a problem under Islamic Inheritance Law as these assets should also be distributed to your Qur'anic Heirs. In order to achieve this, there are two options:-

1. You can change the way the asset is held so that it pays directly into your estate. For example, change your pension fund from directly paying your beneficiaries to paying into your estate instead; or

2. We can include a 'Letter of Wishes' for each asset that passes outside of your Will. This Letter will be addressed to the beneficiary of that asset. It will request that they include their share of the asset as part of your estate. This ensures the asset to be distributed under Islamic Inheritance Laws.

The advantage of option 1 is that it ensures that your property will be divided according to the Shariah; however, the disadvantage is that you may then have to pay tax if your total estate is now worth over £325,000.

By contrast, the advantage of option 2 is that assets which pass directly to your beneficiaries are not subject to inheritance tax; however, the disadvantage is that the Letter is not legally binding on your beneficiaries under English and Welsh law. For example, if your spouse chooses not to distribute your share of the house to all of your Qur'anic Heirs, your executors cannot enforce this in an English court.

What is Inheritance Tax?

Inheritance tax is payable at the rate of 40% on certain assets within a deceased person's estate.

Will I have to pay inheritance tax?

If the value of your total estate is over £325,000 in the event of your death, you may have to pay Inheritance Tax on the value over £325,000. For example, if your estate is worth £375,000, you are required to pay inheritance tax on £50,000 which will be £20,000.

View Our Inheritance Calculator

We also offer a Tax Planning Service to minimise the costs of inheritance tax on death. If you are interested in this Service, please send an email to contact@islamwills.co.uk with your contact information and we will contact you to discuss your circumstances in more detail insha Allah.

Where should I keep my Will?

You should keep your Will in a place that is safe and easily accessible after you pass away.

We recommend that you use our fireproof storage facility. This facility is free for all clients and includes the following benefits:-

• Peace of mind - Your Will is stored in a safe place;
• We will check that your Will has been correctly signed and witnessed;
• We will send you a copy of your signed Will for your records together with a certificate of storage; and
• We will write to your Executors confirming their appointment and explaining how to obtain your original Will;

If you choose to store your Will yourself, you should bear in mind the following:-

1. It is not advisable to keep a Will in a safety deposit box because after your death your executors will not be able to open that box without obtaining a Court Order.

2. You should always make a copy of your Will (which should clearly be marked "copy" on all pages) and make a note on the copy where the original is kept.

3. Finally tell your executors where you have kept your Will and give them a letter of instructions regarding any matters that you do not wish to include in your Will. DO NOT staple or attach this to the Will in anyway as this may invalidate your Will.

Top

When should I review my Will?

You should review your Will every time a "life event" happens. For example:-

• if you separate from your spouse,
• if you have a child,
• if there is a death in your family,
• if there is a change in your financial circumstances, or
• if there are changes in the types or rates of taxation.

In some of these cases, your Qur'anic Heirs will change and a recalculation of their shares may be required in your Will.

You cannot make amendments on the original Will after it has been signed and witnessed, as any obvious alterations on the face of the Will are assumed to have been made at a later date and so do not form part of the original legally valid Will.

For all of the above reasons, we have made it simple for you to update your Will at any time in the future. All of the information contained in your most recent Will is stored securely on our database so, with your own reference number and for a nominal fee, we can easily make changes whenever you want.

If you would like to review your will, please contact us at contact@islamwills.co.uk

Top