Today's Wills & Probate Podcast
The Today's Wills & Probate Podcast will speak to some of the industry's most influential people and those at the forefront of innovation. Listeners will have the opportunity to pick up key business insights, gain valuable knowledge and ask questions to guests.
Today's Wills & Probate Podcast
What you need to know about Islamic wills
In this Today’s Wills and Probate Podcast, host David Opie sat down with Mariam Khan, Solicitor at WMP Legal, to discuss the complexities of Islamic wills and estate planning.
Many will writers and solicitors do not have the expertise to draft wills that align with both English law and Islamic inheritance principles. Mariam Khan has developed this niche expertise, ensuring that her clients receive advice that respects both legal and religious frameworks.
Mariam’s journey into this specialisation began during her studies. While attending a legal exhibition in Birmingham, a solicitor approached her and suggested she consider focusing on Islamic wills. Having studied Islamic studies and Islamic inheritance laws in her youth, she found this to be a natural fit. However, she soon realised that Islamic wills are more complex than they initially appear and require in-depth training to execute correctly.
To refine her expertise, Mariam travelled to Pakistan for further education. This experience deepened her understanding of Islamic inheritance law, reinforcing the necessity of having knowledge in both English and Islamic legal systems. While the COVID-19 lockdown delayed her return, it provided her with an opportunity to immerse herself further in the subject.
A key distinction between standard wills and Islamic wills is the concept of testamentary freedom. In English law, individuals have the freedom to distribute their estate as they wish, including excluding certain people. In contrast, Islamic wills adhere to guidelines set forth in the Quran, specifying fixed shares for heirs. Mariam also outlined the key differences between English and Islamic wills.
When asked whether the Muslim community has a higher proportion of will-writers compared to other communities, Mariam noted a 50/50 divide. Historically, will-writing has been less common in the Muslim community due to a lack of awareness. However, as understanding of Islamic inheritance obligations increases, more individuals are taking steps to ensure their wills are correctly structured.
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