ISLAMIC WILLS

FSK Solicitors provides bespoke expert Wills and Probate solutions

According to Islamic Shariah all the Muslims should ensure that their assets are distributed among the surviving family members in accordance with the Shariah of Islam. This is compulsory on the inheritor, and the best way to fulfil this obligation is by preparing a legally valid WILL.

Distributing assets in accordance with the Quranic injunctions (Al-Wasiyya) can be a complex matter. To prepare a Sharia-Compliant Will it is necessary to understand how the estate is applied under Sharia successor rules.

There are three key steps that must be taken which are significantly different to traditional probate processes:

• First, the cost of the burial and any debts must be paid.
• Second, a third of the estate can be given to charities or other beneficiaries who would not otherwise receive the inheritance (‘sadaqa jariya’).
• Finally, the remainder of the estate is given to a defined set of ‘primary’ and then ‘residual’ beneficiaries, allocated according to certain rules according to who is involved.

There are often a wide range of possible distributions upon death depending on the number of surviving family members.

A Sharia-Compliant Will is, therefore, a bespoke Will and is catered to your
specific family requirements. As a result it usually requires detailed
consideration of your family circumstances along with your assets and liabilities

Our Solicitors have extensive knowledge of both the provisions of Shariah law and the requirements under Irish law. We are able to provide tailored advice to your individual situation, ensuring that your Islamic Will is prepared in accordance with your faith.

FSK Solicitors can provide clear advice and planning in relation to many common issues faced when writing a Will according to Islamic law, including:

• Islamic inheritance permutations
• Guardianship rights
• Inheritance tax planning
• Joint and mixed property/asset ownership and the Islamic perspective
• Gifting and distributions during one’s life
• Protecting assets for beneficiaries
• Utilising the Wasiyyah
• Appointment of Executors and Trustees
• Funeral wishes
• Charitable gifting

Being based in central Dublin – the heart of Dublin’s legal and financial hub – our Solicitors are accessible and able to meet with you.