FAQs
1) Do I need to prepare a Declaration of Faith?
Yes, this is encouraged amongst Muslims whilst finalising your wishes in your Will. This can be prepared free of charge as part and parcel of preparing your Will.
A declaration of faith is a document where you declare certain true facts, in particular:
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That there is nothing worthy of worship but the one, the merciful, the almighty Allah
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That He is the one God and has no partner
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That the prophet Muhammad (peace be upon him) was the true and last messenger of all prophets before Him
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That paradise is true and hell is true
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That the day of judgement is true and shall come, and where Allah shall resurrect the dead
2) Can my Funeral wishes be included in my Will?
Yes, your funeral and burial wishes can be specified in your Will, however, it is recommended that the funeral and burial wishes are discussed with the family beforehand, as the Will, sometimes, does not come to light until after the funeral takes places.
3) What is an Islamic Will?
An Islamic Will is a legal document that is drafted to ensure that your assets are distributed in accordance with Islamic (Sharia) law, after your death. An Islamic Will requires careful drafting so that the Islamic Will is compliant with the law of this country as well as Islamic (Sharia) law.
For an Islamic Will to be valid it must be in writing and must comply with certain formalities. A Will only comes into force on your death.
4) What is the purpose of an Islamic Will?
An Islamic Will is drafted to ensure that your estate is to be dealt with in accordance with Islamic (Sharia) law, in particular specific shares to be distributed amongst specific family members.
It will also state who you have appointed to deal with the administration of your estate (your Executors) and ensures that your Executors have all the necessary powers they need to deal with the administration of your estate in accordance with Islamic law.
5) Who can make an Islamic Will?
In England & Wales, anyone can make a Will providing you are 18 or over and of sound mind, memory and understanding.
An Islamic Will is not just for the elderly. It is also important for anyone who has children as you can then deal with who is to act as guardian of your minor children, should you die whilst they are below the age of 18. This will also prevent conflict amongst the family as to who is to act as guardian(s).
You can make your own Islamic Will without the assistance of a Solicitor (referred to as DIY Wills), however, even a small mistake could invalidate your Will and effectively make your Will non-compliant with Islamic law. Why take that chance? Have the right professionals prepare your Islamic Will to ensure that the legal formalities are complied with, and that your Will is prepared in accordance with your wishes and so that your estate can be distributed in accordance with Islamic law.
6) Why should I make an Islamic Will?
As a Muslim, you should make an Islamic Will to clearly state that you wish your estate to be distributed in accordance with Islamic (Sharia) law.
Making an Islamic Will does not attract the inevitable, it merely ensures that you have your affairs in order and avoids loved ones having to face unnecessary legal and financial difficulties at a very difficult time.
7) Who will be my Executors and what do they do?
Your Executors will be the persons you wish to deal with the administration of your estate after your death. Your Executors (otherwise and in usual cases also your trustees) shall have the responsibility to ensure that your estate is distributed in accordance with Islamic law. Your beneficiaries can also be your Executors.
It is your Executors’ responsibility to:
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determine what property and other assets you own at the date of death, as well as your liabilities.
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arrange for current valuations of your personal possessions, property, investments any pension or insurance entitlements due including any debts and bills
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arrange your funeral and arrange for the payment
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establishing Income and Inheritance Taxes liabilities and completing the necessary tax returns for the Revenue
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completing and submitting the necessary probate forms and submitting these to the Probate Registry
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arrange the clearance and sale of any property (should this be required)
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collecting assets and paying any debts
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arrange to pay any legacies to legatees before the remainder of your estate is distributed in accordance with Islamic law
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compiling detailed accounts to give to the main beneficiaries, before distribution of the estate and in accordance with Islamic law
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in the case of children being beneficiaries, then the Trustees shall hold the monies on trust until required then distribute
Choose your Executor(s) carefully as this can determine how quickly and efficiently the administration of your estate is progressed.
You should also consider appointing Professional Executors to deal with the administration and distribution of your estate and especially where you have more complex family or financial circumstances. Examples of such circumstances include where you have children from previous marriages, potential contentious issues, if you have a business, numerous investment properties, and/or overseas assets.
8) If I appoint Professional Executors, what are the charges?
Islamic Will Writers is a trading style of Premier Solicitors. If you appoint professional Executors then you shall be appointing Premier Solicitors as professional Executors to administer your estate. Premier Solicitors do not charge for being named as Executors in your Will, however, when Premier Solicitors appointment as Executor takes effect, Premier Solicitors will give the beneficiaries (i.e. the family) various options as to the charging structure, and shall aim to provide the beneficiaries with a fixed fee, unless the circumstances do not warrant a fixed fee.
Premier Solicitors are regulated by the Solicitors Regulation Authority so the fee structure is at the lower end of the Law Society guidelines and Premier Solicitors shall aim to be more competitive than any other Firm (whether they be Solicitors, Will Writing & Probate Companies, or High Street Banks) doing Probate work.
For more complex estates, we find that relatives are often appointed as Executors jointly with professional Executors, such as us.
We can assist you with whichever option you would prefer, and our expert team would sensitively assist you in fulfilling this role.
The costs and expenses incurred by Executors, including professional fees can be recouped directly from the estate so there is no initial expense incurred by you and so that the family shall not be out of pocket for such appointment.
9) Appointing Guardian(s) for my Children
Many people are deterred from making a Will because they do not want to think of their children without them. A Will can reflect a parent’s wishes and clearly state who will care for a child / children in the event of the death of the parents or guardians. Why leave this decision to the courts?
For your information, if a mother is not married to the child’s father, or the father’s name is not on the child’s birth certificate, then the mother would need to appoint the father as the first chosen guardian. If this is not done then according to the current law, the father would not have any automatic rights as guardian, if the mother died first.
10) When can I amend or revoke my Islamic Will?
You can amend or revoke your Will at any time before your death and there are some circumstances where a Will is automatically amended or revoked.
Upon divorce, a Will is altered insofar as any gift to a former spouse is rendered invalid.
Upon marriage (unless made in contemplation of the event), a Will is revoked.
When a new Will is written the old Will should be destroyed to avoid any confusion at a later date.
We recommend that you review your Will every five years or after any major life event such as birth, death, marriage, divorce, separation, or moving house. We recommend that Wills are reviewed in order to incorporate the changes.
Whatever changes or advice you require our expert specialist team have the right solutions for you in order to maximise tax savings.
11) What is a codicil?
You can make minor alterations to your Will without having to rewrite a new Will by using a document called a codicil. A codicil confirms a previous Will, but allows you to make a few changes. If a small number of changes are required a codicil is an alternative to re-writing the entire Will. However, at our competitive low cost fixed fee for an Islamic Will it usually makes more sense to have it re-written, as it is likely to be quicker and cheaper for you.
12) Can my Islamic Will be challenged?
Yes, despite preparing a WilI, it is possible for certain persons to make a claim on your estate if it can be shown that at the time of your death your Will does not make reasonable provision for them, i.e. if an individual is disinherited or inadequately provided for. Any claim allowed, would be assessed by the Court.
If it was anticipated that such a claim could arise it might be advisable to leave a letter to your Executor setting out any special circumstances relevant to any possible claim.
The persons that may have a right to apply to the Court are:
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Any partner of yours, if you have lived as man and wife or civil partners for at least 2 years prior to your death
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Any former wife or civil partner provided he or she has not remarried or has entered into a subsequent civil partnership, or an order of the Court bars any claim
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Any child of yours
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Any person not being your own child who in the case of any marriage of yours was treated by you as a child of the family in relation to that marriage
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Any other person who immediately prior to your death was being maintained wholly or in part by you
If you feel that an individual may have a claim on your estate then we would recommend that you explain your thinking in a letter to the Executors in case your Will is challenged after your death.
13) Can I challenge an Islamic Will?
We are often approached by people who are unhappy about the way a deceased relative’s estate is to be distributed by their Islamic Will or under the intestacy rules, and whilst we always advise families to respect the wishes of the deceased’s Islamic Will if prepared in accordance with Islamic law, we do offer advice in relation to challenging an Islamic Will. Please contact us for further information.
14) What happens if I do not make an Islamic Will?
If you have not or do not make a valid Islamic Will before your death, then the Intestacy Rules will apply. The law does not provide well for modern family situations and the Intestacy Rules are complicated, but generally your surviving spouse will benefit in precedence to anyone else. However, they may not receive all of your estate, depending on whether or not you have children. If you do not leave a surviving spouse or children then the intestacy rules set out who will benefit from your estate (depending on which of your relatives have survived you).
You may also end up having unnecessary and horrendously complicated statutory trusts of intestacy, which will add to the legal costs of administering your estate.
If you have not made a valid Will then the law also sets out who is allowed to administer your estate, and possibly not the personal representatives which you would have appointed.
If potential beneficiaries cannot be found then your estate will go to the Crown!
15) Do you charge for storage?
Wills may be stored securely with us, absolutely free of charge. There is also no cost for the retrieval of a Will from our secure storage facilities. We will also write to your Executors, if you wish us to inform them of the whereabouts of your Will absolutely free of charge. There is no catch!
16) What about joint assets?
In relation to jointly owned assets, please note that such assets are usually held either as ‘Joint Tenants’ or ‘Tenants in Common’. If your assets are held as Joint Tenants then upon death the assets shall pass automatically to the survivor and not in accordance with your Islamic Will. If your assets are held as Tenants in Common then the position is such that your asset, or your share of that asset, is held by you and such asset or your share of such asset shall pass in accordance with your Islamic Will.
In relation to your property, if held jointly, we strongly suggest that you ensure that your property is held as ‘Tenants in Common’, so that the property or your share of your property can pass in accordance with your Islamic Will. As part of our Will writing service, we offer a ‘check and change’ service where we obtain a Land Registry office copy of your property to ensure that your property is held as Tenants in Common and, if not, to prepare the necessary paperwork to change ownership. For further detail, please contact our specialist team.
17) What about inheritance tax?
Nobody likes to pay inheritance tax, so if you wish to have specialist advice about how you can save inheritance tax then we have the expertise in-house together with a range of products and services to suit your risk profile.
18) How do I protect my family home?
You can have a specialist Will drafted to protect your family home after death but if you wish to protect your family home during your life, especially from the local authority and / or other creditors, you can do by setting up a Home Protection Trust. For further information please contact us to speak to one of our specialist team.
19) What if I want to secure a longer term benefit for my beneficiaries?
If you wish to have specialist advice about this then please do contact our specialist team.
20) Where can I find your Terms of Business?
