How to make an Islamic Will

Once you have decided to have an Islamic Will prepared there are some basic requirements to meet.

Our Process

Step 1:

We have an initial discussion with you outlining your situation and obtain your details.

Step 2:

We advise on the appropriate planning and discuss fees.

Step 3:

We provide a follow up email with the advice given and confirm the agreed fees based on your individual requirements.

Step 4:

We provide a client care letter and letter of authority; setting out instructions, legal fees, and terms of engagement.

Step 5:

We conduct a full appointment and take your instructions based on our recommendation.

Step 6:

We prepare your draft documents and email a copy for your consideration.

Step 7:

Once you have approved the drafts, we will prepare the final documents.

Step 8:

We organise signing of the documents either at our office or via postage with written instructions.

Will(s) Completed

Upon signage completion, we shall require a copy. Alternatively, documents may be stored securely with us, free of charge.

“….so whenever guidance comes to you from me, then whoever follows my guidance, then there will neither be any fear on them nor will they grieve.”

– Surah Al-Baqarah, Quran 2:38

What do you need to have ready before the appointment

Once you have decided to have an Islamic Will prepared, there are some things you need to think about in advance:

Knowledge of your Estate: We need an understanding of your estate and do not require exact figures or details of where assets are held. We would need an approximation of the value of your property, outstanding mortgages, savings, and investments. This helps us provide the right advice for your situation and to identify any inheritance tax liability and to make suggestions on the type of Will most suitable and whether you need trust planning.

Your Executors: We would need at least two executors. These people are those that carry out the wishes of your Will. Your executors should be people you trust and those that are good with administration, sensible with money and preferably younger than you. Please ensure your executors are aware of the responsibility and are willing to act.

Guardians for your children: If you have children under the age of 18 years old then we need to set a guardianship clause in your Will to ensure that your children do not end up with the wrong people or worse end up in care. These people should be capable of financially looking after your children, those who are likely to provide similar upbringing.

Attorneys for Lasting power of attorneys: If you had a serious accident or stroke, or you developed dementia, you may not be able to manage your finances or make decisions about your care. A Lasting powers of attorney (LPA) gives someone of your choice the ability to act on your behalf, should you be unable to act yourself.

There are two types of Lasting powers of attorney, one for financial decisions (including property) and the other for health and care decisions.

Funeral Requests: You can specify your funeral and burial rites in accordance with Shariah. They include: 1. Not having your body subjected to a routine post-mortem examination and if the need arises then an MRI scan is performed. The Prophet Muhammad (may peace and blessings be upon him) stated that “breaking a dead man’s bone is like breaking it when he is alive” Sunna of Imam Abu Dawud 2. Having a body released for burial immediately after death 3. Having a Muslim burial in the country of death 4. You can state that you would prefer your organs are not used for medical research or organ replacement

Gift to Charity: Under Islamic Inheritance you can leave up to a 1/3rd of your estate to whoever you wish. This could be to a Mosque or a charity of your choice as part of Sadaqah Jariyah.

By leaving a minimum of 10% of your estate to charity you reduce the Inheritance Tax liability from 40% to 36%.

Islamicwills.co.uk is a marketing name for our Islamic Wills Department at Farani Taylor Solicitors.
Farani Taylor is the trading name of City Solicitors Ltd, which is a limited liability company registered in England and Wales under the number: 07664373.
The firm is authorised and regulated by the Solicitors Regulation Authority ID: 560013

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