Will templates and Sample Wills

بِسۡمِ اللهِ الرَّحۡمٰنِ الرَّحِيۡمِ 

A core belief of a Muslim is that all wealth ultimately belongs to Allāh (), and whatever a human being acquires in this world is granted by Him as a form of Trust. When a person dies, their ownership of wealth ceases, and it returns back to Allāh () who has given clear-cut commands as to how the estate of deceased Muslims should be distributed. Not following these commandments has very serious consequences.
To try to ensure these commandments of Allāh () are followed a community initiative is proposed to get all Muslims in UK to write their Islamic Will, "Preserving the Trust"

Below is a sample of Trust-based Will templates and Will-based Will templates available for use for Muslims whose estate is valued within the nil rate band of £325,000 residing in England and Wales. If English is not your first language and you would prefer to write a simple Islamic Will in your own language please click here for sample templates for download or scroll down to end of this page. This very simple Will template is available in Urdu, Arabic, Bangla, Gujarati and Turkey.

At the end of this article is a Will template which could be used for those Muslims whose estate is valued at above the nil rate band of £325,000. However, if your assets run into the millions you should seek professional advice for estate planning rather than relying solely on a Will.

If you wish to have a detailed Will-based Will as opposed to a Trust-based Will you can draft a customised online Islamic Will, click here for details.

In all cases, it is worth adding a letter/ note to the actual Will in which you can include advice to your family, details of your current heirs, details of all your assets, property, bank accounts, and passwords etc. etc. This letter is not part of the Will and is not legally binding. This letter should be updated from time to time.

Cost of Shariah-Compliant Wills

Expect to pay £250–£800 plus VAT or more for a standard Shariah-compliant, trust-based will, similar to the templates shown below. In London expect to pay £500–£1200 plus VAT or more for the same service.  Face-to-face visits and bespoke cases cost more even though bespoke may just mean including details of inheritance shares of heirs and/or list of assets which is totally unnecessary, but it does allow the use of the word "bespoke" and hence charges are higher.

1st Ethical Will template

Simple standard English Will with clear instructions and fill-in-the-blank sections make it accessible for laypersons. The template creates a discretionary trust of residue. This Will template is suitable for individuals with assets under the UK inheritance tax threshold (£325,000 for individuals, £650,000 for couples), who own assets in England or Wales, and anticipate amicable family distribution. The will is structured to comply with English law, with modifications if Shariah distribution would conflict with local law. Does not include provisions for resolving disputes among heirs or between executors and heirs.

Hajj with AE Will template

The Hajj with AE Will template format is very similar to the 1st Ethical Will template. The AE template also establishes a discretionary trust of residue. Unlike the 1st Ethical template, there is no dedicated section for listing assets, liabilities, or family details, which can be helpful for executors. The template lacks the detailed instructions and guidelines provided in the 1st Ethical template, which may make it harder for laypersons to complete correctly. Does not specify who should or should not use the template, although it is intended for individuals with assets under the UK inheritance tax threshold (£325,000 for individuals, £650,000 for couples), who own assets in England or Wales. There is no mechanism or advice for resolving disputes among heirs or executors.

IDAUK Will template

This is another simple and concise Will template, accompanied by step-by-step guidance for completion. The IDAUK template stipulates that, after the payment of funeral expenses, debts, and any bequests, the remainder of the estate is to be distributed among the rightful heirs according to the Sunni Hanafi school of Islamic law.

The template includes provisions for establishing a protective trust for any minor beneficiaries. It also contains a clause authorizing a Deed of Variation to potentially maximize inheritance for beneficiaries; however, this clause carries no legal weight, as the testator cannot grant such authority through a Will alone.
 

Marifah Will template

The Marifah Will template is also trust-based. It is more comprehensive template than some of the others, hence it is lengthier. There is mention of explicit adherence to the Qur’anic order of distribution, detailed religious debts, and school of jurisprudence specification.

Darul Uloom Bury Will Template

The Darul Uloom Bury Will template is Will-based templated which appears to have been copied from a South African Will template due to the language and age of witnesses recommended. If you follow the instructions in this template your Will will not be valid under English law. You are advised not to use this template for English law courts.

Tuhfah Education Centre Will template

The Tuhfah Will template is a Will-based Will. Unfortunately, it lacks the legal format and language one would expect. It has some mistakes as well as some lso has so unusual pieces of advice as I have highlighted in the screenshots below. In brief: a witness can act as execuotr under English law; c. "payment of all religious liabilities and obligations" is not consistent with Hanafi fiqh; the advise to amke multiple copies of the Will could be problematic when you change your Will.

Will template for assets above the Nil Rate Band

This is an example of a slightly complex Will. This kind of template is used by some professionals providing Islamic Will services. The template establishes two discretionary testamentary trusts, a Nil Band Rate trust and a life-interest trust for the surviving spouse. The template has been modified to focus on compliance with Islamic law. This template could be used by those Muslims whose estate is above the nil rate band, currently £325,000. The structure of this Will template meets both English legal requirements and Shariah principles. But as a general rule the more complex a Will is the less Shariah-compliant it is. Complex Will structures give priority to asset protection and reduction in tax burden.