Updated: Aug 9, 2023
Your seven quick questions about creating Islamic Will in the United Kingdom (UK) are answered here. It will include Definitions, the laws applicable in the UK, Choosing executors and Witnesses, the Signing process, Notarization, and Registration of your Islamic Will.
A person creating Will refers to Testator, and the one looking after probate and estate distribution refers to Executor. Testators, Executors, and Witnesses must be mentally capable, a minimum legal requirement. Executors' and Witnesses' duties adjourn as soon as they lose mental capacity. You will need to assign new Executors and/or Witnesses if you do not have any other Executors and/or Witnesses left nominated in your Will.
Last Wills and testament law (i.e., Wills Act, Succession Act, Probate Act, or Civil Code) may differ from country to country in the United Kingdom. In the simplest example, if you have created Will in England, your Will may not be valid in Scotland. When someone dies without Will, their estate distribution will be according to the Intestacy rule of the country. Someone facing an intestate situation is one of the most unfortunate situations, and that makes the case and the importance of having a Will. The Intestacy rule differs vastly from Islamic inheritance law. You can learn in-depth about laws HERE under Premium or Ultimate memberships.
Executors cannot be the same as Witnesses. Two Executors are preferred over one. Three executors are preferred over two. Creating Muslim Will with one Executor is not a good idea and is legally invalid. With one executor, your estate plan will expire early if an executor dies or is unavailable. Having more executors can give longer life to your Islamic Will. Your Spouse, Adult children, or relatives can be appointed as an executor. Executors do not sign the Will in general.
Two witnesses are required minimum. Three witnesses are better than two but not mandatory. You cannot create Islamic Will with one Witness, which is legally invalid.
The signing process is crucial. Unless you are an estate planning expert, you may only know whether your estate plan followed the proper signing process. All parties, including Testator, Witnesses, and Public Notary, meet at one location for signing. You Will turn to nothing if you do not follow the proper signing process. You or anyone else on the earth would not discover the mistake in a lifetime, and that's a challenge. Wassiyyah provides a detailed instructions guide with your estate plan, which explains everything, to save you from missing requirements. That's where Wassiyyah's expertise comes in to help you accomplish legal and Islamic compliance. Most attorneys and online Will providers offer Single jurisdiction or Single country Will. If you are creating an International Will (only for eligible countries and jurisdictions that are part of UNIDROIT), the Will must be signed by an authorized person. The authorized person in most countries would be a lawyer, an attorney, or a person from a legal firm.
Notarization requirements may differ from country to country, but you must notarize your Will because if there is no requirement today for notarization, that does not mean that it may not become mandatory in the future. Also, your Last Will gets more validity and credibility if you notarize it.
Registration requirements may differ from country to country. Registering your Will is required if you are creating International Will (if you are eligible to create under UNIDROIT).
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