“It is the duty of a Muslim who has anything to bequest not to let two nights pass without writing a Will about it.”  (Sahih al -Bukhari)

If only we could all follow this approach.

Making a will that follows Sharia Law can be quite a challenging task.  This is particularly relevant in the following circumstances:-

1. If you want to leave bequests outside the immediate family when you can only leave up to 1/3rd of your estate.
2. If you have extended family where provision must be made for your parents.
3. If you are married and need to leave the correct share to your spouse.
4. If you have both male and female members of the family, in which case care must be taken as to the appropriate share they take.

If no Will is made you must follow the English intestacy rules.  Here the primary beneficiary is your spouse (where your estate does not exceed £250,000) and your spouse, children or other family members if your estate exceeds this amount.  Making no Will is simply not an option as you will breach Sharia Law.

Not only must you consider Islamic rules in terms of the division of your estate, but you also need to consider:

1.  Making your estate tax efficient so that you do not pay too much tax to the Revenue and
2.  Making a will in such a way as to protect assets from the costs of long term care.

Clarkson Wright & Jakes Ltd can help you with all of these issues.  We not only understand the rules of Sharia Law but also approach preparation of your Wills in such a way as to protect your assets for the family.  Trusts designed to protect assets can also work within the context of Islamic Wills giving you total peace of mind.

For more information please contact Jeremy Groeger-Wilson.