Wills and Power of Attorneys

It is unfortunately an unchangeable part of life that our time in this world is finite and one day we will pass away. This can be an extremely sad and difficult time for your loved ones. 

Things can be made all the more difficult where you die intestate (without having made a Will) and in the UK today, more than 60% of the population fall victims to this. Many people believe they are either too young to write a Will or don’t want to face the uncomfortable truth about their mortality, but the truth is that dying without a Will can make what is already a tough time a lot harder for your family. 

Most people assume that when they die, their Estate will pass to their immediate family. However, if you die intestate, the law will govern how your Estate is distributed, and this may not be in the way you had wished for it to be distributed. By writing a Will, you leave your loved one’s clear instructions as to your wishes. 

As well as this, we appreciate that almost 3 million Muslims reside in the UK and therefore, Conquest Law Solicitors believe that understanding the principles in line with Shariah Compliant Wills, where required, has never been more important. 

In accordance to Verse 11 of Surah An-Nisa from the Qur’an, it commands as follows: 

“Allah enjoins you concerning your children: The male shall have the equal of the portion of two females; and if they are more than two females, then they will have two-thirds of the inheritance; and if there is (only) one, she will have the half; and as for his parents, each of them shall have a sixth part of the inheritance if he has a child, but if he has no child and his parents be his heirs, then his mother shall have the third, and if he has brothers, then his mother shall have the sixth after (the payment of) a bequest he may have bequeathed or a debt. You do not know which of your parents and your children is closer to you in usefulness. (This is) an ordinance from Allah. Verily Allah is All-Knowing, All-Wise.” 

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The importance of the Islamic Will (Wasiyya) is clear from a number of hadiths, such as that quoted above. Observance with the Islamic laws of inheritance carries the potential of great blessing and mercy from the Creator, as mentioned in Surah An-Nisa. 

The Islamic laws of inheritance provide for a specific distribution as mentioned in the Quran and Sunnah and codified by scholars. However, unless you make a valid Islamic Will, your estate will not be distributed in accordance with Islamic laws of inheritance and you will not be able to leave a Wasiyya. The Wasiyya is the portion of up to a third of your estate which you can leave to anyone who does not automatically inherit under the Islamic laws of inheritance. 

Moreover, a Power of Attorney enables you to appoint others to manage your health and financial affairs during your lifetime. At Conquest Law Solicitors, our expert Solicitors can assist you with this, whether you require one for the United Kingdom or even abroad.  

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