Wills & Inheritance · Faraid
Without a will, English law decides who inherits. It does not follow Faraid.
A properly drafted English will can follow the Islamic shares and stand up in probate. Writing one is neither hard nor expensive. Leaving it unwritten is usually both.
Or call 020 3930 1088
The task
One estate. Two sets of rules.
What Faraid requires
The Islamic shares
Debts and funeral costs come first, including any unpaid mahr. The rest passes in fixed shares to defined heirs, and who they are depends on who survives you. Up to one third can be left by bequest (wasiyyah) to people who do not inherit by right.
What English law does
Freedom, if you use it
English law lets you leave your estate largely as you choose. A will that follows Faraid is as valid as any other, if it is drafted, signed and witnessed properly. Without a will, the intestacy rules take over: a fixed formula built around the surviving spouse.
English law will let you follow Faraid. It will not do it for you.
Where plans fail
Four mistakes that feel safe at the time
- No will at all
The intestacy formula applies. Faraid does not come into it, and the family cannot correct it afterwards.
- A will that names names
Faraid shares depend on who survives you. A will that fixes people and amounts today can be wrong by the time it matters. Good drafting handles this.
- The jointly owned home
A home held as joint tenants passes to the surviving owner automatically. The will never touches it. For many families the home is the estate.
- Pensions and life policies
These usually pass by nomination, outside the will, to whoever you named years ago. Aligning them is quick and often forgotten.
What a complete plan covers
Mostly ordinary care, done once
- An honest list of what you own, what you owe, and what is held jointly or abroad.
- How the home is held, checked and changed if the plan needs it.
- Pensions and policies pointing where the plan intends.
- Mahr and debts recorded, so they are settled first.
- Executors and guardians for children under eighteen, chosen and asked in advance.
- The wasiyyah third, used deliberately.
- A review after every marriage, birth, death or major purchase.
How we help
Scholars first, then drafting
-
The facts
One confidential conversation about family, assets, how things are owned, and anything abroad.
-
The Islamic position
Our scholars settle who the heirs are, what the shares require, and how the wasiyyah third and the mahr should be handled.
-
A will that holds
Drafted and signed as English law requires, with the home, nominations, executors and guardians in place. Where regulated legal services are required, these are provided by our partner SRA-regulated law firm.
Common questions
What families ask us
Can a Faraid will be challenged?
English law lets certain family members and dependants ask a court for reasonable provision, and no drafting removes that entirely. Careful planning reduces the risk. Anyone promising a challenge-proof will is overselling.
Can I leave something to people who do not inherit under Faraid?
Yes. That is what the wasiyyah is for: up to one third of the estate, to a relative outside the shares, a charity or a cause.
We have property abroad. Does an English will cover it?
Not always. Foreign property often follows the law of the country it is in. Tell us early, because it changes the drafting.
Related services
Book a consultation
The kindest document you will ever sign.
A will that follows your faith and holds in law spares your family the worst argument they could have.
Or call 020 3930 1088