Will-Writing

Will-Writing Service

The Prophet  said, “It is not permissible for any Muslim who has something to will to stay for two nights without having his last will and testament written and kept ready with him.”
Narrated/Authority of Abdullah bin Umar

Having an Islamic will is our obligation as Muslims, and with the unique circumstances of revert sisters who may not have Muslim family, it becomes even more important.

Not having an Islamic will could mean:

  • Non-Muslim families lay claim to a Muslim revert’s body and wish to dispose of it in a non-Islamic way
  • Bodies getting cremated and the lack of observance of a proper ghusl before burial
  • Non-observance of the Janazah prayer
  • Observance of burying the bodies in a non-Muslim cemetery
  • Observance of invasive post-mortem examinations
  • Possibly long and unnecessary funerals
  • Little to no instructions on handling of affairs after death

We understand that having an Islamic will could have been hindered by the lack of knowledge or resources, and so we’ve created this service to make it easy and accessible for revert sisters to have a shariah-compliant, legally binding, tax efficient will, and be able to plan for their passing by appointing guardians for their children, making sure everyone gets a fair share, as well as supporting any causes and charities they care about.

Note: The Will-Writing Service is currently only available to revert sisters who have majority of their assets in England & Wales.

88

Islamic Wills applications processed since launch.
Last Updated: 6th April 2022

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HOW TO APPLY

How does it work?

  1. Complete the application form and declaration.
  2. A confirmation email will be sent within 24 hours after your application is received.
  3. Use the link in the email to go to the Will-Writing platform.

What happens next?

  • Inside the Will-Writing platform, sign up by entering your email address and password.
  • Get to writing your will by answering the different sections.
  • Complete and pay the nominal fee of £10.
  • Wait for your will to be sent via email within seven (7) days.

Contact Us

For inquiries and other will-related concerns, please contact [email protected]

Frequently Asked Questions

How can I make sure everyone will see the will?

It’s important to appoint reliable, trustworthy executors. These will be the person/people who will receive legal authority to carrying out the wishes in the will. When the will is signed legally with witnesses (the witnesses do not need to read the will so long as you confirm with them your intentions in signing the document), we recommend storing it in a secure place and informing your executors (or responsible inheritors) where it can be found in the event of your passing.

I have a will but it isn't signed by a witness, does this matter?

That would not be legally binding, so anything that requires legal distribution will happen via the laws of intestacy (the default distributions under English law for those who die without a will).

How do you make a power of attorney and what is its purpose?

Power of Attorney is where authority is given to an appointed person for specific purposes (typically for medical or financial decisions). These can be for a certain period, from the date of the document’s creation or when a person loses mental capacity (so they can ensure someone they trust can make decisions on their behalf).IFG Wills do not offer LPA services because it is possible to use the government’s online LPA service
[https://www.lastingpowerofattorney.service.gov.uk/home?_ga=2.71642075.976141328.1671452024-1249424282.1670016161] to create an LPA now so the value adds of our service would be minimal. Guidance
can be found here [https://www.gov.uk/power-of-attorney].

What about money for our jannazah? Do we need to save?

Funeral expenses are deductible from an estate (an expense of the estate and so is deducted before bequests and inheritance are distributed). The Muslim Burial Fund [https://muslimburialfund.co.uk/] can help the executors/inheritors where a Muslim does not leave behind enough money for a burial.

What if I have concerns over distributing wealth on death?

This depends on what concerns. If the distribution is stated in the will clearly, and you have appointed a responsible
executor, they will see your instructions carried out as they have the legal authority to do so.

How can I ensure that my money will go to family and Islamic charities?

This just needs to be clearly drafted into a person’s will.

Can I provide for my non-Muslim children in my will?

Yes, absolutely. Whilst they will not be Islamic inheritors (and so will not receive an Islamically mandated and appointed share), you can make a bequest in favour of non-Muslims who would not otherwise inherit under an Islamic will.

Do we need a solicitor to verify a will?

No. This may be a requirement in other jurisdictions, but in England and Wales, the requirement is for the Will to
be signed in front of two witnesses. These can be anyone other than those who will inherit (or their spouses) who are above the age of 18 and are not blind.

Does the executor have to be a Muslim?

No. Executors need only be reliable people who will respect your wishes as a Muslim.

Is leaving 1/3 of your estate to a non-family member an Islamic or a UK British law?

Neither. The 1/3 that can be given away in bequests is a portion that is Islamically allocated though it does not need to be used (as Islamically, at least 2/3 of one’s estate must go to one’s Islamic inheritors; however, anything not given away in bequests; will be distributed amongst the Islamic inheritors). With a correctly drafted legal will, this will be enforceable under English law as well as Islamically compliant.

If I already have a will, can you check that it is correct and valid?

We do not review or comment on the drafting of external wills.

Is appointing a guardian not legally binding even if written into a UK will?

This depends on if you are survived by the child’s other parent (so long as they still have parental responsibility). By default, a surviving parent has responsibility for a child on the death of a parent. If there is no surviving parent, the guardian appointed in a legally binding will have responsibility for the child after the passing of that parent.

Can your husband be an executor? What if he dies before I do we need a second executor?

Yes, a spouse can be an executor. We generally recommend two executors be appointed. It is also possible to appoint an executor and a back-up executor.

When the first spouse dies, must the family be sold immediately so the deceased wealth can be distributed straight away?

This depends on how the family home is held. Where a home is held jointly, it will automatically be transferred in law to the surviving spouse (this is exempt from inheritance tax where the spouses are legally married due to an exemption of inheritance tax on inheritance received from a spouse). Where one spouse only holds it, it is possible to create a life interest for the spouse in a trust-based will to ensure the spouse can continue to live in the family home and that the home will be distributed to inheritors only on their passing).

As a couple, how do you determine what amount of joint wealth belongs to each spouse?

Joint assets are not held by any one spouse so that asset should not be included as part of one’s individual estate value. Once a joint owner has passed away, it is then solely held by the remaining owner and will be distributed by their Will.

Do the charities have to be Islamic specifically?

No.

What if I am not wealthy?

There is no obligation to make a bequest in favour of a charity or any persons who are non-Islamic inheritors. Charity can be left to support charities or friends as a token of appreciation and charity can be given towards sadaqah jariya causes so that they continue to generate benefits after one’s passing. Bequests do not need to be a percentage of one’s estate, they can be an item or a fixed amount such as £5- if one really wants to make a bequest.

Does student debt count even though it gets wiped if you die?

No. Do note it in your schedule of assets, though, so your executor can liaise with the student loan company to get it written off.

What if the only person I want to leave is a child who has a mild learning difficulty?

It depends on the child’s circumstances, arrangements, and capability. The guardian or executor would be responsible for a person who is not a legal adult. It is also possible to make a bequest of assets to another person to hold on trust for the child (or to indicate that the portion of the child’s inheritance is to be held on trust by a specific person). Other than that, trustees under a trust-based will would be able to manage how assets are distributed and made available to inheritors.

Where do you write your burial requests?

IFG Wills include Muslim burial requests as standard. If you have specific requests, please include them in the messages section of your submission, and we’ll draft it in accordingly.

Can you make amendments to the will when needed?

IFG Will offers amendment options- a £30 ad-hoc amendment fee or a £10 a year unlimited amendment subscription. Instructions for updates can be emailed to the wills inbox.

I have three children, and their father is heavily into significant shirk. My family aren't Muslim. Islamically can I put my will that I don't want my children to be given to my inlaws?

For specific services, it is best to consult a family law specialist. Generally, parents have parental responsibility so they will have responsibility for the children if they survive a deceased parent. If the other parent does not have parental responsibility, responsibility for the children would be determined by the will of the deceased parent with parental responsibility (by appointing guardians).

I'm in Scotland, and I can't do this. What will I do?

Please seek a legal professional who can draft a will that is compliant with Scottish law (a masjid in Scotland may be able to help with this). There is no specific service we can recommend in Scotland.

What if I don't have any family? Can a friend be appointed in the will?

Yes.

Can the will be translated into my local language because my parents don't understand English?

Yes. Though do keep the original, wet-signed will safe, as this will be the document submitted to the High Court by the executors to get a ‘grant of probate’ to carry out the will.

Do you have to print out the will so you can physically show it to your family?

Yes, the will must be printed to be physically signed (the courts do not accept electronic signatures due to the risk of fraud). It is not necessary to show others the contents of the will- witnesses need only know that you understand the contents and intend to give effect to the document by signing. It is recommended to let inheritors know your plans. However, where this will not cause issues, so any wishes in the will do not cause a shock.

What about other relations rights to your assets? Are stepchildren eligible?

Step-children are not Islamic inheritors, so they are not Islamically granted a share. Bequests can be made in their favour.

If we have no Muslim family and can only bequeath 1/3 of our wealth to them, what happens to the other 2/3?

Where one does not have any Islamic inheritors, they have complete discretion as to the distribution of their estate (though if there is an Islamic inheritor before one’s passing, the Islamic inheritor would be due the 2/3 due to Islamic inheritors and the distributions outlined would generally be scaled down to 1/3 of the estate).

Is there also support and advice needed when dealing with non-Muslim parents' wills?

Our will’s legal principles and elements apply to other English wills. There are many options for making English wills (including free services).

How is inheritance divided among family members?

The Islamic distributions depend on the family members. Our Wills platform will give you a breakdown of
your inheritance distribution.

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