What is your duty as a Muslim to make a Will?
It is Sunnah to make a Will:-
“It is not rightful for a Muslim
who has something to bequeath
to sleep two consecutive nights
without having his Will written
with him” Sahih Al Bukhari
What will happen if you do not make a Will?
If you die without making a Will your wealth will pass under the Rules of Intestacy in which the English Law makes assumptions as to who should get your property. Islamic Law has given Muslims guidance on how your estate should be distributed.
Making an Islamic Will provides you with an opportunity to guarantee that your Estate is passed in accordance with Islamic Law and not the Rules of Intestacy.
What are the advantages of making a Will?
You will be carrying out Sunnah.
Your children - You can appoint appropriate Guardians for your children should you and your spouse die before your children reach the age of 18. You can set up Trusts for your children so that they have adequate financial provision.
Provision for your spouse - Under English Law an Islamic marriage undertaken in a Non-Muslim country is not recognised unless it has been registered. If you die without making an Islamic Will and your marriage is not registered your spouse could receive nothing.
Leave a percentage of your wealth to whoever you wish - Under Islamic Law you are able to leave a percentage of your Estate to anyone, such as an Islamic Charity, so that you may be rewarded after your death. You may want to leave some money to a less fortunate distant relative or friend who is not an automatic heir under Islamic Law. There is no provision for this under the Rules of Intestacy.
Choose who carries out your wishes - In your Will you can appoint trustworthy persons who you want to act out your wishes in your Will.
You can specify a Muslim scholar or Islamic Institution who you would like to be consulted about your Will if necessary.
Avoid unnecessary tax bills - Did you know that the Government charge 40% on any amount of your Estate over the Nil Rate Band, which for 2010/2011 is £325,000. We can advise you on Tax planning, including reducing your Inheritance Tax liability, whilst ensuring that your Will is in accordance with Islamic Law.
At McMillan Williams we can help you make a Will following Islamic Law which will also be compliant with the LAWS OF ENGLAND & WALES
If you would like us to contact you please contact us here.
If you would like more information about Islamic Wills contact:
David Hall on 020 8432 2041 - email david.hall@mwsolicitors.co.uk.
We also provide a Islamic Finance/Shariah Conveyancing service. For further information please click here.