Frequently Asked Questions

Couples

Can a surviving spouse be an Executor?

Yes, and this is usually the case, but you would want to nominate at least one other responsible person because going through Probate, the main role of the executor, is challenging and can be hard for someone dealing with bereavement.

What happens when a husband dies, does the wife have to sell the house that  she is living in so the other beneficiaries can inherit?

We would suggest putting the estate into a Trust and to nominate Trustees to deal with the issue of inheritance. The ideal, Islamic, situation is that the inheritors (children) would delay receipt of their inheritance to allow their mother to stay in the property. Of course one can look at this issue practically i.e. if a mother were living by herself in a five bedroomed house, it would make sense to sell it and move into a
more modest two bedroom bungalow close to her children or move in with her children. The house could be sold and inheritors paid off.

Where there is likely to be complex issues surrounding the family home, it is nearly always best to seek advice from an expert. We have a couple of different options in this regard and you should see the alternatives listed on our Wills page.

Do couples need to prepare two different Wills?

Yes, each person who needs a Will, is required to have their own individual Will, there is no such thing as a joint Will. Generally speaking, nearly everyone should have a Will prepared as this not only represents their own individual wishes but allows those who are due to inherit from them to do so. Remember that in Islam, the inheritors differ depending upon those family members who are closest to the deceased. There are also aspects of Guardianship to consider as well.

Executors and Trustees

What are Executors and Trustees?

Executors and Trustees carry out the instructions in your Islamic Will after you die.Executors carry out funeral wishes, apply for probate and value your estate. Trustees manage the trusts which are placed in your Will i.e. they look after your wealth in line with your wishes.

Who do I choose to be my Executors and Trustees?

To keep things simple, we allow you to choose the same people as your Executors and Trustees. You can choose family, friends, professionals or a mix.

Please select at least two people and ensure that they’re over 18, are trustworthy and can comfortably manage finances and paperwork.

Gifts

Can a person gift someone an asset in their lifetime but continue to use the asset? Will it then form part of the estate?

That is a good question, have your cake and eat it! The tax man would not be happy about this and could well seek to deal with it as a “gift with reservation of benefit” – meaning you reserve the right to benefit from the gift (usually property). It would be dealt with as part of your estate for tax purposes but will be deemed to have been given away legally.

Guardianship

Can the Guardian(s) be someone who is not a resident of the UK?

Whilst it is possible to put this in your Will, the appointment may not take effect if the child is prevented from moving to the Guardian's country because of immigration controls and vice versa, as the foreign Guardian may require a visa to come to the UK, which is a challenging process. We would usually suggest that the Guardian is UK based, but understand that this is not always possible.

Inheritance tax

Is a pension liable to inheritance tax (IHT)?

Your pension is normally free of IHT, unlike many other investments. However, the government has recently announced that this will be changing from April 2027, meaning pensions will be liable to IHT from then.

Any money you take out of your pension becomes part of your estate and could be subject to IHT. This includes any of your tax-free cash allowance which you might not have spent.

Does property need to be sold for inheritance tax purposes?

The answer to this is multi-faceted and depends on a variety of factors. The property can be sold to pay an IHT charge, but this is rare. One has to remember that IHT won’t be a factor for many people because the charge only becomes relevant for estates (including recent gifting) which exceed £325,000. Additional allowances can raise this to £500,000 for an individual and £1m for a married couple. If you are not sure or concerned you should seek further professional advice and potentially specialist tax planning.

Is inheritance tax applicable on life insurance as well?

Life insurance itself is problematic under the Shariah, but that aside, most life insurance policies count as part of the estate you leave behind for your loved ones. If the sole beneficiary is your spouse, any IHT will be minimal due to the spousal exemption but leaving it to other beneficiaries may incur a charge. The usual recommendation would be to write the life insurance ‘into trust’. You should speak to your policy providers and/or take professional advice on this.

Is this Will right for me if my estate is likely to be subject to IHT?

In most cases the online simple Islamic Will provided by Wahed is not appropriate for those who have an estate which will potentially be liable to IHT. This is because there are more tax efficient methods of writing an Islamic Will and you should take proper advice. Check out the other options available on our Islamic Wills page if this is a concern.

Legal

Is a Will obligatory in Islam?

If you die without a Will, your wealth will be distributed according to intestacy laws - which isn't in accordance with the Shariah. If you're a Muslim living in the UK, creating a Will in accordance with the Islamic laws is deemed by many Muslim scholars to be a religious obligation. At Wahed we have made this process simple and easy with our online Islamic Will.

Is a Will legally binding?

To make your Will legally binding you need to sign it alongside two witnesses. Your witnesses also need to add their own details and signatures.

Is an Islamic Will valid under English Law?

English law has the concept of complete testamentary freedom, which just means that in England & Wales you can distribute your estate via your Will as you please. You can choose to ensure an Islamic distribution of your estate and this is what Wahed’s Islamic Will does.

Who receives what from your wealth?

Some family members are entitled to inherit more from your wealth than others, according to the guideline set out in the Qur’an and Sunnah. We will calculate the share each family member inherits based on your circumstance. The share they each inherit will appear as a fraction in your Islamic Will.

Can you leave wealth to other than your immediate family?

As a Muslim, you can leave up to 33% of your total wealth to a charity and to friends.Including a charity in your Islamic Will is a great opportunity to earn Sadaqah Jariyah, a continuous and ongoing charity after you die. Leaving a gift in your Islamic Will is entirely optional. With our online Islamic Will you can leave a cash gift to a registered UK charity of your choice.

Can I leave funeral wishes in my Will?

Yes. You can leave a message or instructions for your loved ones in your Islamic Will. Our online Islamic Will includes a comprehensive funeral wishes clause.

What happens if I don’t have a Will?

If you don’t have a Will when you die, your estate will pass under the rules of intestacy which are not in accordance with the Shariah. This means that you're potentially sinful after death because you could have taken steps to avoid it. There are also other ramifications, especially if you have children. Writing a Will is extremely important and highly advised.

Does a solicitor need to sign my Will?

No, you do not need a solicitor to witness your Will. Provided your Will is witnessed by two adults who also sign your Will should be valid. Sometimes though it is worth getting professional advice. Check out our Islamic Will page for more options in relation to advice from experts.

Could I just write my own Islamic Will?

Yes in theory. In practice it can be a minefield to get it right. That is why we have worked with the leading experts in this field to provide a cost-effective solution that is professionally drafted, checked by experts and will be appropriate for may people.

Probate

If a person left a Will and stipulated the Executor on there, does the Executor then need to apply for Probate? Or is the probate application process only relevant if the deceased individual didn’t leave a Will?

There are two routes to deal with a deceased person’s estate. If you leave a Will the executors apply for probate. If you don’t leave a Will the closest family member applies, under the laws of intestacy, for what is called ‘letters of administration’.