Why make an Islamic will?

We get asked this question a lot at Nayyars and the answer is quite simple. There is no difference in an English Will and a Shariah Will in this country other than the division of the estate.

There are many reasons why a Will should be made but this blog will concentrate on the Islamic significance of making a Will.

It will fulfil an important religious duty. If you die without leaving a Will you are deemed to have died ‘intestate’ and so your wealth will be distributed in accordance with the English rules on intestacy – which do not apply the same criteria as those laid down by the Shari’a. The Holy Quran states a division that should be followed. Dying without a Will means in this Country that division will NOT be followed.

It will give you peace of mind that your wishes are followed avoiding unnecessary family disputes after you have passed away. We all know stories of family members squabbling after the death of a loved one. Do everything you can to avoid this in your lifetime.

If you have children under the age of 18, and you and your spouse should die, then the courts may take the decision as to who looks after them. By appointing legal Guardians in your Will you can ensure that this doesn’t happen.

It also makes financial sense. Making a tax efficient Will can save on the amount of Inheritance Tax your family may have to pay after you die.

Also, practically it will save hassle when you die. In the event of dying intestate, your family will have to apply to the courts to administer your estate – a far more lengthy and costly process than if you had written a Will.

Finally, it gives you the opportunity to help those less fortunate. By leaving a gift in your Will to a charitable cause – it helps not only the beneficiaries, but can help you too – for ‘sadaqa jariya’ (ongoing charity) is an action that continues to be rewarded after death.

If you wish to make an Islamic Will then contact the Nayyars Team today. We can speak a number of different languages.

Amir Dar

Trainee Solicitor

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