Islamic wills: why dying without one is a bigger problem than you think

Nobody enjoys this topic, which is how so many people end up with no will at all. In England and Wales, if you die without one, the intestacy rules decide who inherits. Those rules follow their own order and take no account of Islamic shares.

What an Islamic will tries to do

Islamic inheritance sets fixed shares for certain relatives. A will written with this in mind directs your estate so those shares can apply, and it usually covers the rest of your wishes too.

• Debts and funeral costs are generally dealt with first.
• A bequest of up to one third can usually go to people who aren’t fixed heirs, or to charity.
• The remainder is divided among the heirs according to the fixed shares.

It still has to be a valid English will

A document can follow Islamic principles and still fail legally if it’s signed or witnessed incorrectly. Scotland and Northern Ireland have their own rules, so check where you live.

Things that often catch people out

• Jointly owned homes. Depending on how you own it, your share may pass outside your will.
• Pensions and life cover. These often follow a nomination form.
• Guardians. A will is where you can name who’d look after young children.
• Family who may disagree. Some family members and dependants can claim against an estate in court if they feel they weren’t reasonably provided for, so take advice if that’s likely.

The cheapest will is rarely the problem. The expensive one is the will nobody got round to writing.

This is general information, not legal advice. Your will should be written with a solicitor or specialist who knows your family’s circumstances, and a scholar can help with the shares.