Having a Will is an extremely important concept in Islam, but even more so in a non-Muslim majority country like the UK where the default position under the law does not reflect the Shari’ah.

It will be of great comfort to any Muslim to know that, when you pass away, your estate and affairs will be handled according to the principles of your faith. The only way to achieve this in the UK is by having an Islamic Will, also known as Wasiyyah. At Anthony Gold, we are committed to helping you provide for your family in a way that reflects your faith.

Succession law in England & Wales is underpinned by the principle of testamentary freedom. This means that anyone can leave their estate to whoever they wish to without exception, with no obligation to leave anything for family members.

In the event that you do not have a valid Will in place at the time of your death, your assets will pass according to the fixed intestacy rules set out in law. The shares of inheritance set out in the intestacy rules are not reflective of the Shari’ah position, which may be a cause of concern for you if you wish for your estate to be dealt with according to Islamic principles.

Aside from setting out that your estate should be distributed in accordance with the Shari’ah, having an Islamic Will has broader benefits that allow you to reflect your specific needs and circumstances, going beyond simply inheritance. You can set out your wishes in respect of your funeral, which is increasingly important given that approximately 75% of all funerals in the UK are cremations.

You will also be able to include your wishes in respect of guardianship of your children in the event that you pass away whilst they are under the age of 18 leaving nobody else with parental authority.

You can also choose who to gift specific items from your personal possessions to, helping to avoid disagreements within your family after your death.

By having an Islamic Will, you can also set out your outstanding debts, unpaid zakat and kaffarah, making sure you fulfil your Islamic obligations and having the peace of mind that these matters will be dealt with after you die.

If you have not been able to perform Hajj in your lifetime and want to leave a wish in your Will that it is performed on your behalf after your death, an Islamic Will gives you the flexibility to do this.

Similarly, you can leave instructions to your executors for them to make payments of sadaqah jaariyah from your estate after your death, so that you can continue to reap the rewards of your charity after your death.

Careful consideration needs to be given to the potential inheritance tax liability on your death and what can be done to minimise it, all whilst making sure that your religious obligations are fulfilled.

By instructing Anthony Gold, you can rest assured that you will receive specialist legal advice and that all your individual circumstances will be catered to. Send us your query at mail@anthonygold.co.uk or call us on 020 7940 4060.