Frequently Asked Questions
This page provides help with the most common questions about Simple Wasiyat.
Write your Will
When a Muslim passes away, their estate (your wealth) must be administered and distributed according to the Sharia law of succession.
A Sharia Will includes distribution and inheritance rights. Having a legally valid Will is the best way to fulfil this obligation. In the Prophet's farewell sermon, these rights were reaffirmed as being very important.
Rights of Inheritance
In Islam, the distribution of the deceased is known as ilmul fara'id and ilmul mawarith which is the science of identifying the legal heirs of the deceased and their rightful share in the estate according to Sharia law.
When a Muslim passes away their inheritance is subject to four rights, as outlined below:
a. Inheritance rights include the cost of the funeral entombment and burial for the deceased;
b. Any remaining wealth will be used to fulfil any monetary or religious debts the deceased may have, such as Kaffarah or completing the Hajj if it was outstanding
c. 1/3 of the remaining wealth will be allocated to fulfilling the will of the deceased; and
d. The remaining 2/3 of the deceased's estate is to be distributed according to Sharia to the heirs of the deceased.
“It is the duty of a Muslim who has anything to bequest not to let two nights pass without writing a will about it.”
(Sahih al-Bukhari).
Abu Hurayrah narrated that the prophet said:
“A man may do good deeds for seventy years but if he acts unjustly when he leaves his last testament, the wickedness of his dead will be sealed upon him, and he will enter the Fire. If, (on the other hand), a man acts wickedly for seventy years but is just in his last Will and testament, the goodness of his deed will be sealed upon him, and he will enter the Garden.” (Musnad Ibn Hanbal and Ibn Majah).
To write your Sharia Will in 10 minutes click below.
General Principle
Under Sharia law you are free to leave up to one third of your wealth, after any debts and expenses have been paid, to whomever you wish, but the remaining two thirds must be distributed among your surviving relatives in fixed shares.
The One Third
If you are leaving a third of your wealth to someone, you must remember that your relative will receive a fixed share from the remaining two-thirds according to Sharia law. It is permissible to leave all or part of the one-third to someone who is not a Muslim.
As long as the parties entitled to fixed shares from these two-thirds agree to this and accept a similar reduction in their shares, your gifts can still be distributed in accordance with your intentions even if you intend to leave more than one-third of your wealth. If they do not agree, the gifts for the third will be reduced proportionately so that the combined gifts do not exceed a third.
The Two Thirds
As regards the two thirds of your wealth, it is permissible to state in your Will that certain items should go to certain relatives, provided that the value of any such items do not exceed the value of the fixed share to which any such relative is entitled under the Sharia.
Regarding the two-thirds of your wealth, you may specify in your Will that certain items should be given to certain relatives, provided that the value of any such items does not exceed the share to which the relative is entitled according to Sharia.
However, if an item is worth more than an individual's share, it may still go to that individual if all other inheritors agree to this and accordingly accept a corresponding reduction in their share of the estate.
In the event that you do not gift all or any of your one-third wealth, what has not been gifted by you will also be distributed among your surviving relatives in shares determined by Sharia law.
Fixed shares
Example of fixed shares under Sharia (as shown in STEP journal 2009):
A husband dies leaving a wife, a son, a daughter and parents; after deduction of legacies and debt, the distribution is as follows:
Wife: one eighth
Father: one sixth
Mother: one sixth
The balance is divided among the children: Ratio of son to daughter 2:1, son: two-thirds and daughter: one-third.
Where there are only daughters, they are entitled to only two-thirds of the balance, with the remainder going to the father of the deceased or siblings of the deceased (in order of priority). When there is only one daughter, she is entitled to a maximum of one-half of the balance, with the rest going to the father of the deceased or siblings of the deceased (in order of priority).
To write your Sharia Will in 10 minutes click below.
If you have no surviving relatives who would have been entitled to fixed shares if they had survived you, you may still leave up to one-third to whomever you wish, but the remaining two-thirds will go to the Bayt al-mal of your community to be distributed among those in need in your community
If you die without a Sharia Will or a Will that specifies who gets your wealth and have no relatives, any residue of your estate may go to the state based on the law of intestacy of the country in which you reside.
If you have a Sharia Will in place, this will not be an issue, regardless of whether you have surviving relatives.
To write your Sharia Will in 10 minutes click below.
To distribute your estate according to Sharia Law, you must write a Will. In the absence of a Will, your estate will be distributed in accordance with the rules of intestacy. This means your estate will be distributed according to the laws of the country where you reside, not according to the Sharia law of succession.
When there is no Will, a relative may be appointed as an executor (administrator) by the courts, and that person may not be someone you would have wanted to have acted as the executor of your Will. A court decision might lead to disagreements, and there might be substantial legal fees because of any potential conflicts, placing strain on the family relationships.
To write your Sharia Will in 10 minutes click below.
Executors are the people you name in your Will to deal with your estate after your death. Their responsibilities include arranging your funeral, obtaining a grant of probate, selling, and transferring your property to your beneficiaries, paying off any debts, and distributing your estate according to your wishes.
Appoint trusted individuals
After your death, your executors will have the legal duty and responsibility of managing your finances and property. Therefore, it is important to appoint executors you trust and can rely on to carry out your wishes stated in your Will.
Appointing a professional executor
If you are not sure who to name as your executors, or if you are concerned that individual executors may create conflict among family members, you can appoint a professional executor, such as Simple Wasiyat, instead. This may be a suitable option if your estate is complex or if inheritance taxes need to be paid. Your executors may, if they see fit, appoint lawyers specialising in probate matters to help them with the affairs of your estate.
Substitute executor
If your appointed executor cannot act, perhaps due to illness or loss of mental capacity, or if they die before you, then your substitute or the remaining executor can act in their place. Therefore, it is recommended that you appoint more than one executor or appoint a substitute executor.
Guardians are appointed by will. It is important for parents to ensure in your Will to appoint a guardian as soon as their child is born.
A minor is a person under the age of 18 years old.
A legal guardian is someone who has the legal authority to take care of a child should anything happen to the parents. In addition to making all parental decisions, guardians are also responsible for managing a child's inheritance and property.
In a Last Will and Testament, you can specify guardianship for your children in the event of both parents' death. It also allows you to select and control who will look after your children. If you do not name guardians for your children in your will, the court will decide who will have custody after your death.
Having more than one guardian is possible, but make sure the people you choose will agree on what will be best for your child. You can appoint one guardian to handle the child's needs and to live with the child, while another guardian might manage the child's assets.
If the appointed guardian is unable to fulfil their duties, it is also advisable to name an alternate guardian in your will.
If you are appointing the guardian, make sure the individual is willing to take on the responsibility.
To write your Sharia Will in 10 minutes click below.
In your Will you can appoint other people to act as the guardian(s) of your children, under the age of 18, in the event both parents die.
You can choose a member of your family to be the guardian, but you don't have to. When making your choice, you should consider both parental abilities and practical considerations.
You may want to consider the following criteria when selecting a guardian:
family structure and relationship status: it's important that your children become part of a stable and comfortable family environment. For example, make sure the guardian is capable of raising another child if they already have children.
lifestyle: appoint someone who shares your lifestyle, so to preserve your children's habits and ways of life to the maximum
health and age of the guardian: make sure your guardian is mentally and physically fit to raise a child.
personality: raising someone else's child is a very difficult task - consider finding someone who is caring, patient, dedicated, and trustworthy.
financial stability: a stable job and income may be an important factor in your decision. location: it may be better for your children to live in a place that's not too far from where they've been raised. Distance to school, relatives and friends should also be considered.
A guardian acts as the child's parents, i.e. they are responsible for raising and caring for the child until they become adults. Among the child's responsibilities are making decisions based on the child's best interests and managing the child's assets.
If you wish, you can include your wishes regarding your child's upbringing in your will or an informal letter. You can include choices about:
health
school and education
food diet
hobbies
religious practice
Sometimes a guardian is needed when both parents are alive but not deceased. For instance, if a surviving parent cannot perform their role because they:
are overseas
are in the army
are in prison
are disabled or mentally incapacitated
refuse responsibility
A couple could be separated and only one parent dies, or someone may remarry.
A guardian can act with the surviving parent, but any disputes will have to be resolved by the court. The surviving parent remains the statutory guardian.
To write your Sharia Will in 10 minutes click below.
As a Muslim you are allowed to leave up to 1/3 (one-third / 33 percent) of your wealth to charity after all your debts and liabilities have been paid from your estate. This is a good way to sadaqah jariyah (continuing charity).
In the Quran, "And when (other] relatives and orphans and the needy are present at the [time of] division, then provide for them [something] out of the estate and speak to them words of appropriate kindness." [4:8]
In the Hadith, "When a person dies, his deeds come to an end except for three: Sadagah Jariyah (a continuous charity), or knowledge from which benefit is gained, or a righteous child who prays for him." [Muslim]
To write your Sharia Will in 10 minutes click below.
You should update your Will in the following circumstances:
If you cannot locate your Will, you may be deemed to have died intestate, meaning that your wishes will not be carried out as per Sharia law. Probate can only be granted when a Will and when an original Will is submitted
A marriage revokes an old Will, but a divorce does not. When you remarry, you need to review and update your old Will.
Any of your executors or guardians die.
You may wish to appoint different or additional executors. -You may wish to consider appointing your children now that they are 18 years old.
You wish to appoint different guardians or substitute guardians.
Without a Will, you are said to have died intestate, and your estate will be divided according to the laws of intestacy in the country in which you reside. If the deceased does not leave a Will, intestacy serves as the default Will.
Writing a Will is very important because it allows you to:
To direct the distribution of your estate upon death,
To appoint your executors,
To express your wishes regarding your funeral arrangements,
To leave a bequest for a friend, relative, or charity,
To minimize taxes for your beneficiaries,
A will simplifies the process of administering your estate properly, and
To give you peace of mind.
If you wish to have your estate distributed according to Islamic law, that is, according to what you believe is the instruction of the Allah (swt), you must write a valid Will. That is because the Law of intestacy (the administration of a person's estate when he dies without leaving a Will) in non-Islamic countries is different from Islamic Law of succession.
For the Will to be executed, it should comply with all applicable laws so that there are no unnecessary legal issues after a person has passed on. To ensure your Will is valid and to ensure there aren't any conflicts of Law within it, consult a legal expert (Solicitor/lawyer, Will writer) who is familiar with succession law of the land and Sharia Law.
A testament of one's final act on Earth, the Will may leave a legacy for future generations. Almost all of us will experience it at some point in our lives. We should therefore take the time to think and plan about this important issue.
To write your Sharia Will in 10 minutes click below.
In general, a Sharia Will only be written in countries (jurisdictions) where the testator (Will writer) has the appropriate testamentary freedom, which means he or she is permitted to give away his or her wealth as he or she wishes when he or she dies. This generally, means, that a Sharia Will can realistically be only written in countries where common law is practiced, such as New Zealand, South Africa, India, Pakistan, England, Wales, Northern Ireland, Australia, New Zealand, South Africa, most of Canada, most of the States of the U.S. and some other countries. It should be noted that even in some of these jurisdictions a Sharia Will, whereby the inheritance shares are distributed according to Islamic law can be defeated by local statute law. In civil law countries such as many European countries, the legal beneficiaries are assigned an inheritance share by law, hence, distribution of inheritance according to Sharia Islamic law is difficult to implement by making a Will. The same principle applies in Scotland where a mixture of civil and common law applies. If you are unsure if Simple Wasiyat is suitable for you, please consult a local Sharia expert advisor.
Muslims in common law jurisdictions such as England, Wales, Northern Ireland, Australia, New Zealand, Canada, and nearly all states in the United States, where testamentary freedom reigns supreme, can fulfil the commandments of Allah regarding inheritance laws by drafting a valid Islamic Will (Sharia compliant).
A valid Islamic Will must comply with the law of the land and Islamic law to fulfil this obligation in non-Islamic countries.
To write your Sharia Will in 10 minutes click below.
It is recommended that you read through the above information before writing your Sharia Will with Simple Wasiyat. Please note that Simple Wasiyat are not legal or tax legal advisors. If you have a large estate, it is advisable that you seek related tax advice.
Once you have written a Sharia Will with Simple Wasiyat you will be sent a welcome pack setting out the next steps and signing instructions.
Please note, once you have written a Sharia Will with Simple Wasiyat, you should make sure that you follow the signing procedures required by the jurisdiction in which you live and where the Will takes effect upon your death.
To write your Sharia Will in 10 minutes click below.
At Simple Wasiyat, we are committed to providing a service to Muslims worldwide to fulfill their Islamic duties by having a Sharia Will in place.
Simple Wasiyat is a quick and simple online Sharia Will service, saving our clients time as well as hundreds and thousands of pounds in legal fees.
With Simple Wasiyat it takes minutes to download, print, and store your Will.
Additional services for those who do not have printing facility at home
Print and postage service for UK £19.99 (optional)
Print and postage service for anywhere in the world outside UK £29.99 (optional)
Click here to learn more about our online Sharia Will writing service.
Click here to learn more about our Islamic Will storage service.
Write your Will
Your original Will must be kept safe, as it is the only one you have.
At Islamic Wasiyat your Sharia Will can be stored safely, handled respectfully, and preserved for when it is needed.
Wills are legally binding documents, and a valid Will has to be kept in a good condition and not damaged or altered in any way when submitted and accepted by the Probate Registry or by the courts to obtain the Grant of Probate.
You will have peace of mind when you store your original Will with us as you will receive a storage certificate that allows access to your securely kept original Will when needed.
When writing the Will you will have the option of selecting our storage service, alternatively if you have already made your Sharia or Islamic Will with Simple Wasiyat or elsewhere you can click on the following "Store Your Will" button to store your Will with in 5 minutes, click below.
Documents can be accessed quickly and easily. Before granting access to documents, we require our client or their executors and legal representatives to provide identification documents and if the Will writer has passed away we would also need a copy of the death certificate of the Will writer. The documents are only accessible to authorised individuals in order to prevent theft or their alteration. Upon request, documents will be sent via courier.
To store your Will with in 5 minutes, click below.
With Simple Wasiyat you can retrieve your Will within 24 hours. If your Wil is stored elsewhere, retrieving it depends on where it is kept; for example, if it’s stored with a bank it may take longer to retrieve. The purpose of creating a Will is to ease the minds of your loved ones, so this is extremely stressful and defeats the purpose of the Will.
At Simple Wasiyat all Islamic Wills are kept secure and with respect for example not kept on floor and handled with clean hands.
To store your Will with in 5 minutes, click below.
There is no time limit as to how long you would like to store your Will for. You do not have to give a reason if you want to retrieve your Will at any given time during your lifetime. Clients typically request their Will to be returned because it is needed for probate or because they have a new Will.
To store your Will with in 5 minutes, click below.
You can have peace of mind knowing that your Will is stored securely and will not be lost, damaged, stolen or altered until it is needed.
To store your Will with in 5 minutes, click below.
Wills should be kept securely but also be easily discoverable once the person who wrote them passes away.
When a Will is not located, the estate will be distributed incorrectly by personal representatives who are unaware of the Will of the deceased? A Will needs to be made available to the personal representatives before probate is granted.
With Simple Wasiyat, you will be issued a certificate confirming the storage of your Will. You can keep this certificate with your other important documents safely to allow your loved ones to know where your Will is stored when you die.
To store your Will with in 5 minutes, click below.
You can retrieve your will anytime during your lifetime your personal representatives can do so after your death.
To store your Will with in 5 minutes, click below.
Sharia Will £99.99
Islamic Will storage £29.99 per year
Free downloads
To store your Will with in 5 minutes, click below.
At Simple Wasiyat, we are committed to providing a service to Muslims worldwide to fulfill their Islamic duties by having a Sharia Will in place.
Simple Wasiyat is a quick and simple online Sharia Will service, saving our clients time as well as hundreds and thousands of pounds in legal fees.
With Simple Wasiyat it takes minutes to download, print, and store your Will.
Additional services for those who do not have printing facility at home
Print and postage service for UK £19.99 (optional)
Print and postage service for anywhere in the world outside UK £29.99 (optional)
Click here to learn more about our online Sharia Will writing service.
Click here to learn more about our Islamic Will storage service.
Staples and paper clips should never be attached to the will. This raises questions about whether a part of the will was left out or whether an amendment was made. This can make things more difficult for your executor, causing them to spend time and money. You may need to verify that the document they witnessed is the one they signed by contacting one of the witnesses.
Keeping your updated Will on file is essential in order to avoid future family disputes. By havingyour Will stored, your Executors do not need to question which Will is current (and therefore valid) if you have made more than Will in your lifetime.
Write your Will
In Islam, funerals and funeral prayers follow specific rites, although they may differ according to region and custom. A simple religious practice involving bathing and covering the body, followed by salah (prayer), is required in all cases according to sharia (Islamic religious law).
Islam requires burials to be performed within 24 hours of a person's death. Cremation is strictly prohibited in Islam.
To learn more about Islamic Funerals, click below.
A funeral plan allows you to plan and pay for your funeral ahead of time, giving you and your family emotional and financial peace of mind.
To learn more about Islamic Funerals, click below.
A burial plot and a headstone as well as the cost of transportation and masjid fees can be covered. It is important to note that sometimes the headstone is considered an additional expense and will not be covered.
There are basic plans and flexible funeral plans available, depending on your preferences and coverage.
To learn more about Islamic Funerals, click below.
The Islamic funeral providers we work with offer a variety of payment options. It is possible to make one-time payments or monthly payments over a specified period.
The cost of funeral plans varies according to your wishes and can range from £10-15 per month.
To learn more about Islamic Funerals, click below.
We work with a global network of Islamic funeral plan providers who have experience arranging funerals and understand how Islamic funeral arrangements should be conducted in Islam.
We will work with the most suitable funeral plan provider for you. You can have the peace of mind that your loved ones can activate the plan when the time comes.
All our funeral providers are regulated by the Financial Conduct Authority in the UK
What will happen if I stop paying for my funeral plan
If you cannot keep up with the payments or the funeral costs are more than you had budgeted, your funeral provider can make changes to the arrangements to reduce costs.
To learn more about Islamic Funerals, click below.
To learn more about the different types of coverage, fill out the form below and we will be in touch with you to discuss the next steps.
To learn more about Islamic Funerals, click below.
Write your Will
In England and Wales, probate is the word normally used to describe the process involved in dealing with the property and wealth of a person who has died.
The legal process of probate involves proving that a Will is valid and determining who has the authority to deal with the estate (wealth) of the person who has died.
To learn more about Islamic Probate, click below.
The person named on the Will would need to apply for grant of probate before he or she can deal with the property of the deceased such as to sell it or distribute it in accordance with the Will.
A grant of probate is an official document that may be needed to deal with the assets of the person who has died such as the bank accounts.
If the person who died did not leave a Will, the grant of probate document would be called a grant of letters of administration instead. The letters of administration and the grant of probate have the same effect which is to authorise a named person to deal with the assets of the person who has died.
To learn more about Islamic Probate, click below.
The probate process involves different stages of legal and financial work as explained below:
Stage one: Confirm what assets and liabilities the estate involves. This can be a list of bank accounts, properties, and any debts owed by the person who died. Identify who is entitled to the estate which would be specified in the Will or in the absence of a Will the rules of intestacy (rules that apply to who should receive the estate in the absence of a Will) would confirm who is entitled to the estate.
Stage Two: Calculate and pay the taxes such as inheritance tax that would be due and apply to the Probate Registry grant of probate which is a document authorising a named person to deal with the estate. If there is no Will, apply to the Probate Registry for letters of administration which has the same effect as the grant of probate.
Stage Three: Once the grant of probate or grant of letters of administration has been issued by the Probate Registry, the names person(s) would have the authority to sell and/or to distribute the property of the person who died in accordance with the Will or in accordance with the rules of intestacy (if there is no Will). All debts and liabilities such as any taxes or loans in the estate would need to be paid first before beneficiaries get their shares.
Stage Four: Do estate accounts showing all the estate expenses and liabilities paid as well as the balance left to be distributed to the beneficiaries. The executors or the personal representatives (the named people on the grant of probate or on the letters of administration) of the estate will review and approve the estate accounts.
Stage Five: The final stage involves transferring or distributing the balance of the estate (after all debts and liabilities are paid) in accordance with the terms of the Will or the rules of intestacy(if there is no Will).
To learn more about Islamic Probate, click below.
Probate is normally needed in England or Wales when the person who died owned significant property or money in their name. For example, if a bank requests a grant of probate or letters of administration before they can deal with the funds held in the name of the person who died this would mean probate would be required.
To learn more about Islamic Probate, click below.
When there is no Will, a personal representative will be named on the grant of letters of administration as the person with authority to deal with the estate of the person who has died. The personal representative is therefore another name for someone who is an executor (named person on the Will who has authority to deal with the estate)
To learn more about Islamic Probate, click below.
The existence of a Will does not determine if probate would be needed. Probate is needed if there is a significant amount of assets involved in the estate or if a financial institution such as a bank or a pension provider request grant of probate. In these circumstances, probate would be required.
To learn more about Islamic Probate, click below.
No, you do not have to act as an executor merely because you are named in the Will. You have a few options. Your first option may be to step down as the executor and give up all rights as the executor. This option may be available if you have not already acted as the executor. If there are other executors named in the Will alongside you, you can decide to allow them to act without your involvement.
You can do this by reserving your power. This would mean the other executors can act and if need be you can join them at any stage of the probate process.
You can instruct Simple Wasiyat to deal with probate and we will allocate a specialist to your matter to ensure you get affordable and hassle-free service.
To learn more about Islamic Probate, click below.
Normally if the estate is of small size and it contains no property and there is £5000 or less in the bank accounts, probate may not be required.
However, it should be noted that banks normally decide their own thresholds for when a grant of probate is required.
Some banks for example have an upper limit of £25000 and others can have it as low as £5000.
To learn more about Islamic Probate, click below.
It depends if the joint property is held as joint tenants or tenants in common. The bank accounts, for example, are normally held as joint tenants which means the bank accounts would pass to the surviving tenant ( the co-owner) without the need for grant of probate.
In these circumstances, the co-owner would need to show to the bank the death certificate for the person who has died and the bank should be able to transfer the bank account in the sole name of the co-owner.
To learn more about Islamic Probate, click below.
Owning a property as tenants in common mean each co-owner has a distinct share in the property which means probate would be required to deal with a property owned by the person who has died with someone else as tenants in common.
The property owned as tenants in common will pass in accordance with the Will of the deceased and if there is no Will in accordance with the rules of intestacy.
To learn more about Islamic Probate, click below.
This depends on the size of the estate and how the assets are owned. For example, property owned as joint tenants and bank accounts would pass without the need for probate and regardless of what is said in the Will. However, a large or complicated estate or if there are assets owned as tenants in common or in the sole name of the person who has died may require probate.
To learn more about Islamic Probate, click below.
We work with experienced probate lawyers to ensure you get an affordable and hassle-free service.
Our recommended lawyers have expertise in dealing with estates that involve Sharia Wills.
Your legal caseworker will take full responsibility for getting the grant of probate or grant of letters of administration. This will include dealing with financial and legal requirements of the estate such as taxes and distribution of the estate.
Simple Wasiyat is committed to providing an open, caring, and honest service. If you have any questions you can contact us using this form and we will be happy to answer any questions you may have.
To learn more about Islamic Probate, click below.
Important
Staples and paper clips should never be attached to the will. This raises questions about whether a part of the will was left out or whether an amendment was made. This can make things more difficult for your executor, causing them to spend time and money. You may need to verify that the document they witnessed is the one they signed by contacting one of the witnesses.
Keeping your updated Will on file is essential in order to avoid future family disputes. By havingyour Will stored, your Executors do not need to question which Will is current (and therefore valid) if you have made more than Will in your lifetime.
Exclusion of Liability and Disclaimer
The contents of this website have been carefully compiled from reliable sources but its accuracy is not guaranteed as laws and regulations may change or be subject to differing interpretations. The information on this website is not legal advice. You must seek legal/tax advice to ensure a Sharia Will is suitable for your estate.
Whilst every effort has been made to ensure that it provides accurate and expert guidance, it is impossible to predict all the circumstances in which it may be used, since there is an infinite number of provisions a person may make in a Will. Accordingly, the author, publisher and retailer shall not be liable to any person or entity with respect to any loss or damage caused or alleged to be caused directly or indirectly by the information or any mistake contained on this website.