Could I write a will myself
Yes. An English will requires a testator, beneficiaries, and two witnesses. A will written for another country however may have to be a more precise document because of the variety of legal traditions (civil law, common law, Shariah and customary law) which have legal standing and the different land laws which may impact on property ownership.
When should I write a will?
A will should be understood primarily as a means to appoint an executor. He or she will have the power to act on our behalf once we have passed away. As Muslims, we should also remember that we are required to ensure that our worldly and spiritual debts are paid. In other words, a will is necessary to enable our debts to be settled even if we are unable to pay when we are alive.
Why should you use us?
We are friendly and professional and have extensive knowledge and experience of estate planning and will writing for properties in England and abroad.
Do I need to have two separate wills in England, one that is Islamic and one which is English?
No. We are able to prepare a single document in England that will be a valid will and meet the requirements of the shariah.
If our religion has the faraid rules why do I still need a valid will to follow it?
This is because in England the rules of intestacy would automatically apply in the event of death without a valid will. These rules provide a strict distribution of the estate of a deceased person and does not follow the faraid rules. In England, the only way to follow the shariah for our end-of-life preparations is to have a will. Depending on our circumstances, it may include other features, such as providing an opportunity to reduce inheritance tax liabilities and the appointment of guardians for dependants below the age of eighteen.
I have small children, not much in terms of wealth and I am not a property owner, so why would I need a will for the purpose of distributing my estate?
The concept of ‘wealth’ in Islam is actually much more general and includes things which do not necessarily have a monetary value; and includes especially our children.
However, when Allah (SWT) provides us with wealth we have a duty and an obligation to ensure that we follow His command to the best of our abilities as regards this wealth. For children this would mean, amongst other things teaching them to love Allah and His Messenger, may peace and blessings be upon him. In the case of minor children whose parents have both passed away, if a guardianship agreement is not place then they would be taken into social care. If this were to happen, it is questionable whether they would be able to practice and learn the tenants of the faith.
This illustrates the importance of having a properly prepared valid will in place; because it can provide a means through which we can protect the welfare of our minor children, even if we are no longer physically around.
I have never really cared about wealth. Furthermore, I think that my children will take care of my estate as I would like to leave it all to them anyway, so why would I need a will?
The process of preparing a will includes listing debts, properties, and bank accounts. By having this list whilst we are alive, we would help our heirs to distribute our estate following our death.