How Islamic wills can be legal under English law

Islamic wills are created in order to comply with the requirements of Shari’ah law. This differs somewhat from English law and as a result, to create valid Islamic wills in England you will need a solicitor who is proficient in both jurisdictions. There is little point in creating a will that complies with the rules of Shari’ah law if the result does not comply with the requirements of the Wills Act 1837, and all the property then passes under the rules of intestacy rather than the wishes of the deceased.

Islamic law requires the testator to be fair when making gifts and should not disinherit heirs to their estate. It is important to make a will if you are living in England and want your property to pass under Shari’ah law, as failure to do so will mean that your estate will pass under the English rules of intestacy.

The Wills Act 1837 requires two witnesses to sign the will and creates other requirements which must be adhered to if the will is to be valid. Shari’ah law does not have as many validity requirements as English law but does require witnesses if a will is in writing. If there are no witnesses and the will is written in the testator’s handwriting with the testator’s signature, then the will can still be accepted as valid. If, however, the will is written to comply with English law, then the requirements of the Wills Act 1837 must be met or the will won’t be valid.

If you would like to obtain legal advice on Islamic wills or any related issue, Contact Law can put you in touch with a local specialist Islamic wills solicitor free of charge. So, if you have any questions or would like our help in finding Islamic wills solicitors please call us on 0800 1777 162 or complete the web-form above.