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Islamic Probate

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.

Probate Law

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.

The Probate Process

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.

Taxation

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.

Probate - The Islamic Approach

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.
They are:

  • Pay funeral and burial expenses
  • Pay debts of the deceased
  • Distribute any gifts in the deceased’s Will (which can only be a maximum value of one-third of the estate

There's no better time than now

People rely on us, and we pride ourselves on our client-centered advocacy and representation.

Why Choose Us?

Islamic Probate is a complex process to ensure that the strict standards necessary to be Sharia-compliant can be met. It requires experienced solicitors with specialist knowledge of Islamic Probate.
DV Solicitors have helped many individuals and families across the country through the sensitive and complex process of Islamic Probate.

How to Get in Contact

Please call us on 01234 350 244 or email us at info@dvsolicitors.com for further information and advice about our services. We will happily provide you with a free initial discussion about your individual circumstances.
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