What Happens If a Muslim Dies Without a Will in the UK?

Without a will, English law decides who inherits, not Islamic law. The statutory intestacy rules apply to everyone, whatever their faith, and they often produce a very different result from Faraid. Parents can be left out entirely, a spouse can receive most of the estate, and a partner married by nikah alone may receive nothing.

This guide covers England and Wales. Scotland and Northern Ireland have their own rules.

The intestacy rules in England and Wales

Spouse or civil partner and children: the spouse receives personal possessions, the first £322,000, and half of anything above that. The children share the other half equally, sons and daughters alike.

Spouse or civil partner, no children: the spouse receives everything.

No spouse or civil partner: the estate passes in this order, stopping at the first group that exists — children; parents; full brothers and sisters; half brothers and sisters; grandparents; aunts and uncles; half aunts and uncles; and finally the Crown if no relatives are found.

Unmarried partners receive nothing, however long the couple lived together. They can only apply to court under the Inheritance (Provision for Family and Dependants) Act 1975.

The £322,000 figure was set by the Administration of Estates Act 1925 (Fixed Net Sum) Order 2023 and has applied since 26 July 2023.

Worked example: intestacy vs Faraid

Yusuf dies in England. After funeral costs and debts, his estate is worth £500,000. He leaves a legally married wife, one son, one daughter and his mother. Personal possessions are ignored for simplicity.

How the figures work. Under intestacy the wife takes £322,000, then half of the remaining £178,000, so £411,000 in all; the children share the other £89,000. Under Faraid the wife takes 1/8 because there are children, and the mother takes 1/6 for the same reason. The remaining £354,167 goes to the children, the son taking twice the daughter's share. These fixed shares are agreed across all four Sunni madhabs.

Yusuf's mother, who has a fixed share in Islamic law, receives nothing without a will.

Particular risks for Muslim families

• Nikah-only marriages. A religious marriage never registered under English law may not count as a marriage at all. The surviving partner is then treated as an unmarried partner and inherits nothing on intestacy. A will can provide for them.
• Converts with non-Muslim relatives. Under intestacy, non-Muslim parents or siblings may inherit while Muslim relatives receive nothing. A will lets you apply Faraid and still leave up to one-third to people who are not Quranic heirs.
• Tax. Transfers to a spouse are exempt from Inheritance Tax, so intestacy, which sends more to the spouse, often defers tax. Faraid sends more to children and parents, which can bring more of the estate into charge. The nil-rate band is £325,000, with an extra residence allowance where a home passes to direct descendants. Factor this in when you write your will.
• Delay and dispute. Without a will someone must apply to be administrator, and families may disagree about the division. Naming an executor avoids much of that.

Can it be fixed after death?

Sometimes. Heirs can sign a deed of variation, usually within two years of the death, to redistribute the estate along Faraid lines. It works only if every affected heir agrees, and it can have tax consequences. Children under 18 cannot agree, so a court may need to be involved. Leaving a valid will is far simpler.

Create your Islamic will free

Islamic Will Pro is free to use. It walks you through your assets, debts and heirs, applies Faraid for your chosen madhab — Hanafi, Maliki, Shafi'i, Hanbali or Generic — and produces a PDF will with witness pages, ready to sign in front of two witnesses. You can also record Janazah wishes, track obligations, store documents in the vault, and estimate UK Inheritance Tax. Create your free Islamic will · Get the app on Google Play

Sources (checked 28 September 2026)

• GOV.UK: Who can inherit if someone dies without a will
• Administration of Estates Act 1925 (Fixed Net Sum) Order 2023
• GOV.UK: Inheritance Tax

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.

UK   Updated 28 September 2026