An Islamic will has two jobs

For a Muslim planning an estate in England and Wales, an Islamic will needs to express the intended religious approach and satisfy the civil law. Those questions overlap, but they are not interchangeable. A religious statement alone does not make an unsigned or improperly witnessed document legally effective.

Start by considering what you want the will to achieve: distribution of the estate, suitable executors, provision for children and any charitable wishes. Our Islamic wills solicitors can help you turn those instructions into a practical legal plan, including through remote appointments.

Why a family tree matters more than a simple example

Islamic inheritance questions depend on the family members alive at death and the religious rules followed. A chart containing only a spouse and children can overlook parents, other relatives or circumstances that alter the result. Do not rely on a headline fraction without considering the whole family.

List the relevant relatives and explain previous relationships, bereavements and anyone dependent on you. Identify the religious guidance you wish to follow. If an interpretation needs to be resolved, qualified scholarly advice may be appropriate alongside the solicitor’s legal work. Avoid copying fixed percentages from an example that does not match your family.

Understanding the one-third bequest

The discretionary bequest commonly discussed in Islamic estate planning is not a general licence to give any asset to any person. Its application, including gifts to someone who is already an heir, needs to be considered under the religious approach being followed.

Tell your adviser about a proposed charity gift, support for another relative or an intended specific legacy. Identify the recipient precisely and ask how the instruction works with the rest of the estate. Do not assume family approval or a separate informal note will resolve all questions after death.

Work out what is actually in your estate

Make a practical inventory of property, accounts, investments, valuables, debts and business interests. Include overseas assets and identify any existing will or trust. The value of an asset and who legally owns it are different questions.

Joint ownership is particularly important. A property held as beneficial joint tenants generally passes to the surviving owner outside the will; a share held as tenants in common may pass under it. Pension, insurance and trust arrangements need checking under their own terms. This is why a will should be considered alongside the wider asset picture, not as a document that controls everything automatically.

Choose people who can carry out the instructions

Discuss the executor’s responsibilities with the person you are considering, including records, debts, tax and distribution. Think about substitutes and potential conflicts. A trusted relative may still need professional help with complex assets or religious questions.

For children, consider both care arrangements and management of inherited property. A guardianship clause has legal limits and does not automatically decide where a child will live in every situation. Explain parental responsibility and any existing orders so appropriate advice can be given. Keep funeral wishes accessible to those making arrangements rather than relying only on the will being read in time.

A will does not guarantee tax savings or prevent every claim

An Islamic will is not automatically exempt from inheritance tax. The relevant rules, estate value, gifts and available reliefs require consideration at the time. Ask what tax advice forms part of the work and whether separate expertise is needed.

An eligible family member or dependant may also be able to seek financial provision despite the will’s terms. Explain financial dependence, health or care needs and previous relationships. A clear record of wishes can help provide context, but cannot promise that a challenge will never occur.

Can you arrange an Islamic will remotely?

Yes. MWG can take instructions through telephone or video appointments, subject to client checks and suitability. You can discuss the process from London, Birmingham, Leeds, Bradford, Sheffield, Leicester or elsewhere in England and Wales without travelling to Manchester for the initial conversation.

Remote instruction is separate from execution. Under the ordinary current requirements, you sign the written will with two suitable adult witnesses present together; they then sign in your presence. A beneficiary or their spouse or civil partner should not witness, because gifts can be affected. Do not assume an electronic signature or a video call is sufficient. Obtain the solicitor’s instructions before signing.

Your first-appointment checklist

Bring or identify your existing will, family details, asset and debt list, property ownership documents, proposed executors and any overseas documents. Write down religious questions and intended charity gifts. Tell the team about urgency, access needs or a private communication requirement.

Ask about fees, what the service includes, how drafts will be reviewed and how the signed original will be stored. Review the arrangements after major changes rather than adding handwritten amendments to an executed document. Our will writing team can advise on reviews, while our probate service covers related administration questions.

Frequently asked questions

Does Sharia automatically govern my English estate? No. Do not assume religious inheritance wishes will be implemented without appropriate legal arrangements. Intestacy rules may apply if there is no valid will.

Can I calculate every share now? The relevant family and circumstances can change. Take advice about a suitable drafting approach rather than relying on a simplified example.

Will one document work everywhere? Not necessarily. Different countries may require coordinated documents and local advice.

Does making a will avoid probate? No. Whether probate is needed depends on the assets and circumstances, not merely on whether the will is Islamic.

Further reading: GOV.UK: making a will and Islamic Relief: Islamic wills. This article concerns England and Wales and provides general information, not individual legal or religious advice.