A valid will written in England empowers the appointed executor(s) to carry out their role and put into place the wishes of the testator.
In the event of death without a valid English will (intestate) the distribution of the estate of the deceased will be determined by the rules of intestacy. This provides strict rules for how the estate has to be distributed to his or her family members. These rules however do not follow the estate distribution provided by faraid – which are . In other words, should a person die intestate or their will was not accepted for probate, then the rules of intestacy will apply and he or she would not have adhered to the shariah for their end-of-life preparations.
For this reason, as Muslims living in a non-muslim country, it becomes necessary to have a valid will; so that we may distribute our estate upon our death as we have been instructed by our beloved Prophet ﷺ, may peace and blessings be upon him. We are fortunate, because living in England, through writing a will it is possible to meet the requirements of our religion and the law of the land.
Another reason why it is important to have a valid will, is because it is a key element of estate planning; potentially helping to reduce the amount of payable tax on a deceased person’s estate. This is especially important for property owners because of the 40% inheritance tax (IHT) payable to HMRC on estates above £325,000. Probate cannot be registered before tax is paid, potentially leaving the estate of the deceased in legal limbo.
A key legal consideration for parents is the guardianship of minors. Under English law should both parents be deceased, the children would be taken into social security care. This may have a profound impact upon the social and religious welfare of the minors. Writing a will could help to alleviate the distress caused should this particular situation arise by appointing guardians who are willing and with whom the children have a good rapport. The testator can take steps to ensure that the guardianship is arranged so that the emotional, social and religious welfare of the children could be maintained.
Our will writing service is open to everyone who is interested in putting their minds to rest as regards the distribution of their estate in preparation for their death. The process of preparing a legal document that can be accepted by the probate registry indicates our love and care towards our beneficiaries.