What constitutes to a valid Islamic Will?

To ensure that your Will is valid, the basic requirements of UK domestic law must be satisfied:

You must be at least 18 years old;

Of sound mind;

Your Will must be in documented;

Your Will must be made without any undue influence;

You must identify yourself as the author of the Will. You should state that it is your last Will – and that any previous Wills and Codicils are revoked;

You must select an executor; you may choose up to 4 people. Executors can also be beneficiaries in your Will – in fact it is normally the case that the spouse or main beneficiary acts as one of the executors.

The Will must be dated and signed by you in the presence of and attested by two witnesses who are neither a spouse nor a beneficiary under the Will.

Do you need a solicitor?

It is possible to make your own Will, but because it is a legal document, you are strongly recommended to seek independent professional advice, especially if you wish to make several specific bequests, if your financial and property affairs are complicated or where your estate is valued in excess of £263,000 (UK Specific).

Nominating your Executor(s)

When choosing your executor(s), there are a few criteria to consider, namely;

That they are aged over 18;

Muslim;

Of sound mind; and

Reliable and trustworthy.

Choosing your Witnesses

When choosing your witnesses, consider the following;

Ideally, choose two trustworthy Muslim men to witness the signing of your Will. If this is not possible, then two non-Muslim men may be taken as witnesses. Women may also act as witnesses. Under Shari‘a, two women may act as witnesses instead of one man.

For the purposes of English law one woman may act as a witness instead of one man. Witnesses must be aged over the age of 18, of sound mind and not blind!

Remember: anyone who will benefit from your Will cannot be taken as a witness. This also includes anyone married to a beneficiary of your Will. If this does happen, they will not be permitted to inherit from you.

A Sample Islamic Will

The link below is a sample, abbreviated copy of an Islamic will. Always consult a legal expert when drafting an important legal document. The Publisher of this material is not responsible for any legal consequences due to the use of the sample Islamic Will.

Click on link to open the document, or right click and 'save'

Sample Islamic Will - [70kb ]

Sample Islamic Will - [177kb ]

We also recommend you seek authentic Islamic advice from those in position of authority, in regards to the details of the Islamic Will making process.

Keep your Will safe and up-to-date

Once you have made your Will and it has been signed and witnessed, store it in a safe place or with your solicitor or a trustworthy relative or friend. Make sure that your executor(s) are informed where the original Will is being kept and keep a photocopy for your own records.

Review your Will on a regular basis, since changing circumstances – especially your marital situation (marriage, divorce or re-marriage) may affect its validity.

Making amendments to your existing Will

If there are significant changes of circumstance, it may become necessary to make a new Will.

Remember: Do not try to alter your Will by crossing out or adding words. If you do this, your Will may be rendered invalid in the eyes of the law, so if you then die without having made a new Will, it will be as if you had never made a Will at all.

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