We understand the importance of faith and the role it plays in our client’s lives. Our specialist Islamic probate lawyers are highly experienced and are on hand to advise on a wide range of Islamic finance matters.
The Quran and Hadiths place great emphasis on the distribution of a Muslims’ wealth in a predetermined manner upon death, with the aim of distributing wealth equitably, ensuring the rights of the vulnerable.
Under Sharia law, the traditional rules are extremely specific on how a person’s estate should be distributed after their death.
A sharia-compliant Will allows the testator to help someone who is not entitled to inherit. The Will can be used to clarify many aspects including the nature of joint accounts and appointment of guardians for any young children.
Unless you make a valid Will, your estate will not be distributed in accordance with Sharia laws of inheritance and you will not be able to appoint a trustee (wassiya) to your estate and property.
The legal administration of a deceased person’s estate is commonly known as probate. This involves gathering assets, paying debts, and distributing what is left to the named beneficiaries.
The process can be complicated and the administration of a Muslim estate can raise several unique challenges.
If the deceased left behind a Will, the named executors and trustees of their Will are responsible for applying for a Grant of Probate. They must then manage the estate according to the deceased’s wishes as set out in their Will.
If the deceased did not leave behind a Will, then an administrator, who is usually the next-of-kin will be responsible for the administration and distribution of the estate. They must obtain the grants of administration and distribute the estate according to the law of intestacy.
After an individual has died, their estate will normally have to pay any tax due before any money is distributed to their heirs. Usually, when you inherit something, there is no tax to pay immediately but you might have to pay tax later. Our experts can advise you on the tax implications and any amounts due.
After all the essential costs have been paid out of the estate e.g. funeral costs, cash gifts and debts or taxes, the distribution of a deceased Muslim’s estate must be in accordance with a division system under the Islamic Laws of Inheritance, The laws determines who the beneficiaries of a deceased person’s estate are, and how much each beneficiary should receive which depends on the overall number of beneficiaries, their gender and their direct relation to the deceased. Before an estate can be distributed there are three duties that must be performed.
Before an estate can be distributed there are three duties that must be performed.
Our doors are always open for you, come at any time and have a cup of tea with us!