Islamic Wills Solicitors
If you want to make a will that gives effect to Islamic principles of inheritance while remaining fully valid under English law, our solicitors, with over 20 years of experience in private client law in England and Wales, can help.
An Islamic will is a will drafted so that the testator’s estate is distributed in accordance with the Islamic law of inheritance (known as faraid) on the testator’s death. In England and Wales, the law of succession permits considerable testamentary freedom: a person may, by a valid will, direct their estate to pass in whatever manner they choose, subject to the possibility of claims under the Inheritance (Provision for Family and Dependants) Act 1975. English law does not itself impose or recognise faraid as a legal system; rather, it permits a testator to structure their gifts so as to reflect those principles as a matter of the testator’s own choice. The will must still satisfy the formal requirements of section 9 of the Wills Act 1837 to be valid and enforceable in England and Wales.
The faraid principles are a system of fixed shares in an estate allocated to specific categories of heirs by Islamic inheritance law, with the proportion each heir receives varying according to their relationship to the deceased and the composition of the surviving family. A testator who wishes their estate to be distributed in accordance with those principles can give effect to that wish through an appropriately drafted English will, which directs the estate to pass to the intended beneficiaries in the shares the testator specifies. Our role is to ensure that the legal document accurately reflects the testator’s instructions and meets every requirement of English law.
Law Lane Solicitors advises Muslim clients and their families on the preparation, execution, and registration of Islamic wills from offices in Stratford, High Holborn, and Croydon. We were founded in 2015 and are regulated by the Solicitors Regulation Authority. Our reviews show a 4.95 rating from over 1,200 reviews.
What does our Islamic wills service cover?
We advise and act on the full range of Islamic will matters for individuals, couples, and families. Our team assists with:
- Drafting a will that gives effect to the testator’s instructions for distribution in accordance with Islamic inheritance principles, expressed as specific gifts and shares within a validly executed English will under the Wills Act 1837
- Advising on testamentary freedom under English law and the extent to which it allows a testator to direct their estate as they choose, including to beneficiaries in fixed proportions reflecting their instructions
- Ensuring compliance with section 9 of the Wills Act 1837: the will must be in writing, signed by the testator, and witnessed by two independent witnesses present at the same time, both of whom sign
- Advising on the interaction between English succession law and the testator’s religious intentions, so that the testator understands how the will operates in law and what it will achieve
- Trusts within the will, where holding assets on trust is appropriate to give effect to the testator’s wishes, for example to benefit minor children or to provide for a surviving spouse before the estate passes to other heirs
- Wills for married couples, including advice on the implications of mirror wills and the effect of the surviving spouse’s share under the testator’s instructions
- Advising on residuary provisions, including the treatment of any estate that does not fall neatly within the shares the testator has directed, to ensure no part of the estate passes by default under the intestacy rules of the Administration of Estates Act 1925
- Reviewing existing wills to check that they meet the formal requirements of English law and accurately reflect the testator’s current wishes and family circumstances
- Advising on claims under the Inheritance (Provision for Family and Dependants) Act 1975 where a dependant has not been provided for, and on the risk this may present to the distribution intended by the testator
- Estate administration following death, including obtaining probate and administering the estate in accordance with the will under the Administration of Estates Act 1925
Why choose Law Lane for Islamic wills?
Preparing an Islamic will requires both an accurate understanding of what the testator intends and precise drafting of an English legal document that achieves that result. A solicitor who does not take the time to understand the testator’s instructions in detail cannot produce a will that reflects them accurately. We take a careful, unhurried approach to taking instructions, asking the questions needed to understand the testator’s family structure, their assets, and the distribution they wish to achieve.
We are also clear about the legal framework within which we operate. Our advice is given in terms of English law: we explain what a will can achieve, how English courts would interpret the document, and what the risks are, including the possibility of a claim under the Inheritance (Provision for Family and Dependants) Act 1975 where a dependant considers they have not been adequately provided for. We do not present religious rulings as legal advice; instead, we give effect to the testator’s wishes through a properly drafted legal document.
Where clients also need lasting powers of attorney or advice on estate administration, we can deal with all of those matters as part of a single instruction. Many clients find it efficient to put in place a complete personal legal plan, covering the will, the LPA, and any trust arrangements, at the same time.
Get in touch
Our private client team advises clients of all faiths and backgrounds on wills and estate planning. We take a careful, respectful approach to instructions and ensure that the legal documents we produce accurately reflect your wishes.
Phone: 020 7870 4870 or email: info@lawlanesolicitors.co.uk
Law Lane Solicitors is proud to be accredited under The Law Society’s Immigration and Asylum Accreditation.
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Frequently Asked Questions – Islamic Wills
What is an Islamic will?
An Islamic will is a will drafted to give effect to the testator’s wish that their estate be distributed in accordance with Islamic inheritance principles. In England and Wales, a testator has considerable freedom to direct their estate by will, and a person may instruct that their estate pass to specific beneficiaries in specific shares that reflect their religious convictions. The will must comply with the formal requirements of section 9 of the Wills Act 1837 to be valid under English law.
Does English law recognise Islamic inheritance rules?
English law does not automatically apply Islamic inheritance principles to the estate of a person who dies in England and Wales. However, English law allows a testator to direct their estate as they choose through a valid will, and a testator may choose to structure their will so that the distribution reflects their religious convictions. The legal effect flows from the will as an English legal document, not from the religious law itself. Where there is no valid will, the estate passes under the intestacy rules in the Administration of Estates Act 1925, which do not reflect Islamic inheritance principles.
Can a non-Muslim heir inherit under an Islamic will?
English law imposes no restriction on who may benefit under a will. A testator may include or exclude any person from their will. Where the testator’s instructions reflect their interpretation of faraid, the shares and beneficiaries directed in the will are given effect as the testator’s legal instructions. We take instructions carefully to ensure that the will accurately records the testator’s wishes, including any decisions about specific beneficiaries.
What happens if I die without a will?
If you die without a valid will, your estate passes under the intestacy rules set out in the Administration of Estates Act 1925. Those rules follow a fixed statutory order of priority based on family relationships and do not reflect Islamic inheritance principles. An unmarried partner has no entitlement under intestacy. Making a valid will is the only way to ensure that your estate is distributed in accordance with your wishes.
Can someone challenge an Islamic will?
Yes. Any will made in England and Wales can be challenged on grounds including lack of testamentary capacity, want of knowledge and approval of the will’s contents, or undue influence. A dependant who was not adequately provided for may also bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975. Persons who can claim under that Act include a spouse, former spouse, child, or a person maintained by the deceased. We advise on both the merits of any potential claim and on steps that can be taken when drafting the will to reduce the risk of a successful challenge.
Should I have a lasting power of attorney as well as an Islamic will?
A will only takes effect on death. A lasting power of attorney under the Mental Capacity Act 2005 provides for what happens if you lose the ability to manage your affairs or make welfare decisions during your lifetime. The two documents serve different purposes and together form a complete personal legal plan. Many clients who instruct us on an Islamic will also ask us to prepare property and financial affairs and health and welfare LPAs at the same time.
What if my family members are based overseas?
An English will governs the distribution of your estate in England and Wales. If you hold assets abroad, the law of the country where those assets are situated will determine how they pass on death, and an English will may not be recognised or effective in relation to those assets. We advise on the scope of an English will and, where you have overseas assets, on whether separate advice or a separate will in the relevant jurisdiction is needed.
Does the will need to be updated after major life events?
Yes. A will should be reviewed after any significant change in family circumstances, including marriage, divorce, the birth of children, the death of a named beneficiary or executor, or a material change in assets. Marriage revokes an existing will automatically under the Wills Act 1837 unless the will was made in contemplation of that specific marriage. We recommend periodic reviews of the will to ensure it remains current and continues to reflect your wishes.
How much does an initial consultation cost?
We offer a fixed-fee initial consultation for Islamic will matters. At that meeting, we go through your family, your assets, and the distribution you wish to achieve, and we explain clearly how an English will can give effect to your instructions. Please get in touch to arrange a convenient time.
Private Client Team
Tahir Shahab Khan
Supervising Director, Solicitor AdvocateView Profile | ContactBook Appointment
Nehal Shah
ParalegalView Profile | ContactBook Appointment
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