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).

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].

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.

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.

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

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.

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

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.

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

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.

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.

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).

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.

No.

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.

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.

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.

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.

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.

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).

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.

Yes.

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.

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.

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

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).

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

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