How to make an Islamic Will
Once you have decided to have an Islamic Will prepared there are some basic requirements to meet.
We have a brief discussion with you outlining your situation and take basic details.
We suggest and discuss possible solutions.
We provide an initial proposal of services based on your needs.
We conduct full appointment and take your instructions based on our recommendation.
We provide the client care letter; setting out instructions, legal fees and terms of engagement.
We prepare draft documents and email a copy for your consideration.
Once you have approved, we prepare the original documents.
We organise signing of the documents either at our office or via posted copies.
Upon completion, you send us a copy. We also offer to store your Will in our office 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, we do not need exact figures or details of where assets are held. We would need an approximation of the value of any life policies, houses, mortgages, investments and bank accounts. This helps us provide the right advice for your situation and to work out your inheritance tax liability to make suggestions on the type of Will you should have and whether you need trust planning.
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 but older than 18 years old. Make sure that the executors are happy to have the responsibility of the role.
Guardians for your children:
If you have children under the age of 18 years old then we need to set guardianship clauses 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 to your children.
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 power 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 power of attorneys, one for financial decisions (including property) and the other for health and care decisions.
You can specify your funeral and burial rites in accordance with the practices of Islam. 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. 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 any charity or Mosque 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