Wills in accordance with faith

Wills in accordance with faith

21 May 2018 Layla Qureshi

At Neves our goal is to give our client’s peace of mind that after their passing their affairs and wishes will be dealt in accordance with their faith yet valid under English Law. For example we aim to ensure that wills prepared on behalf of our Muslim clients are compliant with not only their faith but comply with the requirements of English Law.

In both standard Wills and Islamic Wills, distribution can only take place once funeral expenses and any outstanding debts are paid from the testator’s estate.

Distribution in accordance with Islamic Law depends entirely upon the number of surviving family members. Traditionally an estate is firstly divided into three, whilst two thirds are distributed amongst surviving relatives, the remaining one third can be bequeathed to anyone who is not entitled to a fixed share (usually to a charity of the testators choice).

Of the two thirds to surviving family members are typically distributed as follows:-

  • Surviving parents receive one-sixth of the assets each;
  • Wife (if husband passes first) receives one-eighth;
  • Husband (if wife passes first) receives one-quarter;
  • The remaining balance is then shared between the children, of which sons receive twice what daughters receive.

It is an extremely difficult time when a loved one passes away therefore it is important to ensure that when you are making a Will in accordance with your faith then your Will must also be valid under English Law. If you are considering making a Will in accordance with your faith or would like advice on distributing the residue of your estate, please contact our Private Client Department.

Our team can also advise as to whether any surviving relatives may have potential claims against an estate given the fact that different classes of relatives are entitled a specific percentage of shares dependent on the class of relative.