Islamic marriage and the importance of making a will

We were recently contacted by a gentleman who had married in an Islamic wedding overseas and tragically his wife had died suddenly leaving him and two young children.

He co-owned his share of the family house with his wife as tenants in common which means his wife’s share does not automatically pass to him on death as would have been the case if they had owned the house as joint tenants.

Neither he nor his wife had ever made a will.  Unfortunately, their Islamic marriage is not recognised in law in England as a marriage for the purposes of inheriting under an intestacy where someone dies without a will.  He received nothing from his wife’s estate which passed, including her share of the house, on trust to their two young children until they became 18 resulting in administrative procedures and costs.

A simple will would have ensured the wife was able to control these matters according to her own wishes and enabled her to pass whatever share of her estate she wished to her husband.