Free Islamic Will UK: What It Must Include
If a Muslim in England or Wales dies without a will, the estate is divided under the intestacy rules, not Islamic inheritance law. A valid written will is the only way to make sure your estate is shared according to Faraid.
This guide covers England and Wales. Scotland and Northern Ireland have different rules.
1. The legal rules for a valid will
GOV.UK says you must:
- be 18 or over, of sound mind, and make the will voluntarily
- make it in writing
- sign it in the presence of 2 witnesses who are both over 18
- have both witnesses sign it in your presence
Witnesses: you cannot leave anything to your witnesses or their married partners. Pick neighbours, colleagues or friends who receive nothing.
Marriage cancels an earlier will. If you marry, including a civil registration after your nikah, you need a new will.
Changes need a codicil. You cannot write on a signed will. Use a codicil, signed and witnessed the same way, or make a new will.
2. What an Islamic will should include
- Shahadah and a wish that your estate follows Islamic law.
- Your madhab, or a general/majority position. Naming one reduces disputes.
- Executors: one or two trusted adults.
- Funeral wishes: prompt burial, ghusl, janazah prayer, no cremation.
- Debts first: loans, unpaid mahr, and any unpaid Zakat or fidyah you want settled.
- Bequests (wasiyyah) up to one-third: to charity or non-heirs such as a stepchild, a non-Muslim relative or a friend.
- The rest by Faraid among your Islamic heirs.
- Guardians for children under 18.
3. The order the estate is paid out
All four Sunni madhabs follow this order:
- Funeral and burial costs
- Debts, including unpaid mahr
- Bequests, capped at one-third of what is left
- Fixed shares (Faraid), then any remainder to residuary heirs (asabah)
The majority position is that you cannot make a bequest to a fixed heir (such as a wife or daughter) or exceed one-third unless the other heirs agree after your death. Scholars differ on the details, so ask a scholar before departing from the standard shares.
4. Common Faraid shares
Shares depend on who else survives you.
| Heir | Share |
|---|---|
| Wife | 1/8 with children, 1/4 without (shared between wives) |
| Husband | 1/4 with children, 1/2 without |
| Mother | 1/6 with children or 2+ siblings, otherwise 1/3 |
| Father | 1/6 if there is a son, more with only daughters or no children |
| One daughter (no sons) | 1/2 |
| Two or more daughters (no sons) | 2/3, shared |
| Sons and daughters | The remainder, a son taking twice a daughter's share |
Where madhabs differ: when shares leave a surplus, Hanafi and Hanbali scholars return it to blood relatives (radd). Classical Maliki and Shafi'i positions sent it to the public treasury, though many later scholars accept radd. The schools also differ on a grandfather inheriting alongside siblings, and on distant relatives (dhawu al-arham). Naming your madhab settles these points.
5. UK issues Muslims often miss
- A nikah alone may not be a legal marriage. If it was not also registered under English law, your spouse may not count as your husband or wife for inheritance or tax.
- Inheritance Tax. Gifts to a legally married spouse are normally exempt. Faraid gives more to children and parents, so more of the estate can be taxable. The threshold is £325,000, rising to up to £500,000 when your home passes to children or grandchildren.
- Family claims. Under the Inheritance (Provision for Family and Dependants) Act 1975, a spouse, child or dependant can ask a court for more. A clear will, reviewed by a solicitor, lowers this risk.
- Joint property. A home owned as joint tenants passes automatically to the other owner. As tenants in common, your share passes under your will.
- Pensions and life insurance usually follow nomination forms, not your will. Update them.
6. Where to keep it
Keep the signed original somewhere safe and tell your executor. Registering is optional, but probate needs the original, not a copy.
Create your Islamic will free
Islamic Will Pro guides you through each section above. Choose from five madhab options, list your assets, debts and heirs, add bequests up to one-third, record your Janazah wishes and see the Faraid shares calculated. Then download a PDF with witness pages, ready to sign in front of two witnesses. It is completely free. Create your free Islamic will · Get the app on Google Play
Sources (checked 21 September 2026)
This guide is general information, not legal advice or a fatwa. Islamic Will Pro is not a law firm. Speak to a solicitor or attorney about your circumstances and a qualified scholar about religious questions.
Frequently asked questions
Is an Islamic will legally valid in the UK?
Yes. In England and Wales you can leave your estate as you choose, so a will that follows Faraid is valid if it is signed and witnessed correctly.
Can a family member witness my Islamic will?
A witness must be over 18 and must not receive anything under the will, and nor must their husband or wife. Choose people who inherit nothing.
How much can I leave to charity in an Islamic will?
Islamic law allows bequests (wasiyyah) of up to one-third of the estate after funeral costs and debts, usually to charity or to people who are not fixed heirs.