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Sharia-Compliant Wills in England and Wales: Legal Framework and Cultural Competency for Solicitors

· 21 min

Executive Summary

The Law Society's withdrawal of its practice note on Sharia succession rules in November 2014 created a guidance vacuum that persists over a decade later, leaving solicitors without authoritative direction when drafting wills reflecting Islamic inheritance principles. With 3.9 million Muslims resident in England and Wales, demand for culturally competent estate planning services continues to grow.1 This article provides a framework for practitioners navigating the intersection of testamentary freedom under the Wills Act 1837 and Islamic inheritance rules (faraid). Critical analysis of the Inheritance (Provision for Family and Dependants) Act 1975 demonstrates significant litigation exposure where Sharia-compliant distributions exclude or inadequately provide for eligible claimants. The decision in Kaur v Singh [2023] EWHC 304 (Fam) illustrates judicial willingness to intervene against culturally-motivated disinheritance. Cultural competency is framed as a regulatory obligation under SRA Principle 6, with practical protocols for file management, risk disclosure, and client communication.

1. Introduction: The Guidance Vacuum

The Law Society's decision to withdraw its practice note on Sharia succession rules in November 2014 marked a significant turning point in the profession's approach to religious wills. The guidance, published in March 2014, had aimed to assist solicitors instructed to prepare valid wills in accordance with Islamic inheritance principles.2 Its withdrawal following criticism from women's groups and legal advice from Karon Monaghan QC stating the note was "unlawful" created uncertainty that remains unresolved.3

President Andrew Caplen's statement acknowledging the withdrawal and apologising did not include replacement guidance. In the decade since, no authoritative professional body has filled this vacuum, leaving solicitors to navigate complex cultural and religious requirements without structured support.4

The demographic context underscores why this guidance gap matters. Census 2021 recorded 3.9 million Muslims in England and Wales, an increase from 2.7 million (4.9%) in 2011.1 The Muslim population has the youngest average age of any religious group at 27 years, suggesting estate planning needs will increase substantially in coming decades. Meanwhile, 6% of practising solicitors in England identify as Muslim, indicating a profession increasingly equipped to serve this community but lacking formal practice frameworks.5

The Law Commission's Modernising Wills report published in May 2025 affirmed testamentary freedom as a guiding principle of succession law, while recommending reforms including lowering the will-making age to 16 and abolishing automatic revocation on marriage.6 The government welcomed these recommendations but has not confirmed a legislative timetable. This affirmation of testamentary freedom provides continuing support for the legality of Sharia-compliant distributions, but does not address the Inheritance Act 1975 risks that create genuine practitioner exposure.

The Independent Review into the Application of Sharia Law in England and Wales, published in February 2018, confirmed that Sharia councils have no legal status and domestic law prevails over any such body's recommendations.7 While focused primarily on marriage and divorce, this principle applies equally to succession: a testator may express wishes reflecting Islamic principles, but the will must comply with English formalities and remains subject to statutory constraints.

The Foundation of Testamentary Freedom

Section 3 of the Wills Act 1837 establishes that every person may "devise, bequeath, or dispose of, by his will executed in manner herein-after required, all real estate and all personal estate which he shall be entitled to."8 This formulation creates what English law terms testamentary freedom: the right of a testator to distribute their estate to any person or purpose of their choosing, subject only to compliance with formal requirements.

The principle has been consistently affirmed by the courts. In Ilott v The Blue Cross [2017] UKSC 17, the Supreme Court emphasised testamentary freedom as "one of the important principles of English law."9 Mrs Ilott, an adult daughter estranged from her mother, had been left nothing from a GBP 486,000 estate bequeathed entirely to animal charities. While the Court of Appeal had awarded her GBP 164,000, the Supreme Court reduced this to GBP 50,000 for maintenance only, demonstrating judicial reluctance to override testamentary intentions without compelling justification.

The Law Commission's May 2025 report reinforced this position, stating that testamentary freedom "should remain the guiding principle" of English succession law.6 The Commission explicitly rejected calls for greater family provision, instead recommending reforms that enhance testator autonomy, including recognition of electronic wills executed through reliable systems.

The Inheritance Act Constraint

Testamentary freedom in England and Wales is not absolute. The Inheritance (Provision for Family and Dependants) Act 1975 permits certain categories of claimant to apply to court for provision from a deceased's estate where the disposition "is not such as to make reasonable financial provision" for the applicant.10

Eligible applicants under section 1 include: the spouse or civil partner; a former spouse or civil partner who has not remarried or formed a new civil partnership; a child of the deceased; any person treated as a child of the family; and any person being maintained wholly or partly by the deceased immediately before death.10

The standard of "reasonable financial provision" differs by applicant category. For spouses and civil partners, the court considers what would be reasonable in all circumstances, regardless of whether maintenance is required. For other applicants, the test is whether the provision is reasonable for maintenance only.10

This distinction carries significant implications for Sharia-compliant distributions. Islamic inheritance rules prescribe fixed shares among specified heirs, with male heirs typically receiving double the share of female heirs in equivalent positions.1112 A surviving wife receives one-eighth of the estate where there are children, potentially far less than a court would consider reasonable provision for a spouse under the 1975 Act.

Kaur v Singh: Judicial Intervention Against Cultural Disinheritance

The decision in Kaur v Singh [2023] EWHC 304 (Fam) illustrates how courts approach Inheritance Act claims where cultural or religious factors motivated the testamentary disposition.13

The deceased had left an estate valued at approximately GBP 2 million entirely to male heirs, excluding his wife of many decades in accordance with what the court described as family traditions around male-line inheritance. The widow brought a claim under the 1975 Act for reasonable financial provision.

The court awarded Mrs Kaur 50% of the net estate. Significantly, the judgment rejected the argument that cultural or religious traditions justified the exclusion of a surviving spouse from inheritance. The court applied the statutory framework without modification for cultural context, finding that reasonable financial provision for a spouse required substantially more than the will provided (which was nothing).13

The Law Society's analysis of this decision emphasised that "the legal framework governing financial provision on death does not bend to cultural or religious practices."14 Practitioners drafting Sharia-compliant wills must therefore advise clients that distributions which inadequately provide for spouses or other eligible claimants remain vulnerable to successful challenge regardless of religious rationale.

3. Islamic Inheritance Principles: Technical Requirements

Faraid: The Fixed-Share System

Islamic inheritance law, derived primarily from Quranic provisions in Surah An-Nisa 4:11-12, divides an estate according to prescribed shares among specified categories of heir. This system, known as faraid, applies to approximately two-thirds of an estate under Sunni jurisprudence.1112

The fixed-share heirs (ashab al-furud) include: the father, mother, husband, wife, daughter, and son. Each receives a Quranically-prescribed fraction. A husband inherits one-quarter where there are descendants, half where there are none. A wife inherits one-eighth where there are descendants, one-quarter where there are none. A daughter receives half where she is the only child, or shares two-thirds collectively where there are multiple daughters but no sons. Where sons survive, sons and daughters share the residue with sons receiving double the daughter's share.11

Critically for practitioners, classical Islamic inheritance rules exclude certain categories from inheritance entirely. Adopted children have no inheritance rights under faraid, as Islamic law does not recognise adoption as creating a parent-child relationship for succession purposes. Children born outside marriage are similarly excluded. Non-Muslim family members cannot inherit from a Muslim deceased under classical jurisprudence.1112 These exclusions create the most acute areas of tension with English statutory protections.

Wasiyyah: The Discretionary Third

Islamic law permits testators to dispose freely of up to one-third of their estate through wasiyyah (bequest). This discretionary portion may not benefit those already entitled under faraid, being reserved instead for charitable purposes or persons outside the fixed-share system.15

In practice, wasiyyah provides flexibility for Muslim testators who wish to provide for adopted children, non-Muslim family members, or charitable causes. A testator might execute a will leaving one-third to adopted grandchildren or to charitable bodies, with the remaining two-thirds distributed according to faraid among eligible heirs.

Variations in Jurisprudential Schools

Practitioners must recognise significant variations among Islamic schools of jurisprudence. The four Sunni schools (Hanafi, Maliki, Shafi'i, and Hanbali) calculate shares differently in certain circumstances. Shia inheritance law follows distinct rules, particularly regarding the rights of female heirs and the treatment of residuary inheritance.1112

The Law Society's withdrawn practice note focused exclusively on Sunni rules, drawing criticism for failing to acknowledge this diversity. Competent practice requires establishing early in the instruction which school of jurisprudence the client follows and, where necessary, consulting appropriate Islamic scholarship to ensure accurate application of the relevant rules.

4. Inheritance Act Litigation Risk Analysis

Identifying Vulnerable Distributions

Sharia-compliant wills create Inheritance Act exposure in several predictable scenarios. Practitioners must identify and document these risks during the drafting process.

Spousal Under-Provision: A wife receiving one-eighth of an estate under faraid where the bulk passes to adult children may receive provision that courts would consider unreasonable for a surviving spouse. Kaur v Singh demonstrates that courts will award spouses substantial provision regardless of the testator's cultural or religious motivation for the original distribution.13

Excluded Adopted Children: Where a testator has adopted children under English law but excludes them from inheritance in accordance with Islamic principles, those children qualify as "any person treated as a child of the family" under section 1(1)(d) of the 1975 Act and may bring maintenance claims.10

Children Born Outside Marriage: Islamic inheritance rules exclude children born outside marriage, but the 1975 Act makes no such distinction. Section 1(1)(c) refers simply to "a child of the deceased," and the Family Law Reform Act 1987 abolished the status of illegitimacy for succession purposes.16

Non-Muslim Family Members: Where a Muslim testator excludes non-Muslim children or other family members from inheritance, those persons retain their statutory rights to apply for provision under the 1975 Act.

Quantifying Risk Factors

The likelihood of a successful Inheritance Act claim depends on multiple factors that practitioners should assess during the initial instruction.

Claims are more likely to succeed where the excluded person has financial need. Adult children who are financially independent with their own assets have reduced prospects, as demonstrated by Ilott where the Supreme Court emphasised that Mrs Ilott had managed for years without support.9 Conversely, a spouse or child who has been financially dependent on the deceased has strong grounds for intervention.

The size of the estate affects both the likelihood of claims and their potential quantum. Larger estates attract greater scrutiny and provide more scope for redistribution without entirely defeating testamentary intentions.

Family dynamics matter. Estrangement that the deceased caused or contributed to does not prevent claims but may reduce awards. Conversely, recent close relationships followed by disinheritance suggest unreasonable provision.

Practitioners should also consider the limitation period. Applications under the 1975 Act must ordinarily be made within six months from the date of the grant of probate or letters of administration, although courts retain discretion to permit late applications where the circumstances justify it.10 This time constraint means executors administering Sharia-compliant estates should be advised not to distribute irrevocably within the six-month window, as personal liability may arise if assets are distributed and a successful claim follows.

Documentation Requirements

Practitioners should maintain comprehensive file notes documenting Inheritance Act risk discussions. These notes serve dual purposes: demonstrating discharge of the duty to advise and providing evidence should the estate face subsequent claims.

A robust file note should record: the client's understanding that English law permits family provision claims regardless of religious or cultural factors; identification of persons who might bring claims (spouse, children, dependants); the client's reasons for the intended distribution; any steps taken to mitigate risk (lifetime giving, pension nominations, trust arrangements); and the client's informed decision to proceed despite acknowledged risks.

5. Cultural Competency as Professional Obligation

The SRA Regulatory Framework

Cultural competency in serving Muslim clients is not merely a commercial opportunity but a regulatory obligation. SRA Principle 6 requires regulated persons to "act in a way that encourages equality, diversity and inclusion."17

The SRA's guidance on its approach to equality, diversity and inclusion states that "being culturally competent means being able to communicate and work effectively with others, regardless of difference."18 For private client practitioners, this encompasses understanding religious requirements, avoiding assumptions, and providing advice that respects client values while explaining legal constraints.

The regulatory dimension distinguishes professional obligation from market positioning. A solicitor who refuses to discuss Sharia-compliant arrangements, or who demonstrates ignorance of basic Islamic inheritance concepts, may fall short of SRA expectations around inclusive practice. Equally, a solicitor who facilitates arrangements without explaining Inheritance Act risks fails in their professional duty to provide competent advice.

The Equality Act 2010 Tension

The Equality Act 2010 creates additional complexity. Religion or belief is a protected characteristic, and service providers must not discriminate.19 However, wills containing distributions that treat heirs differently based on sex or birth status raise difficult questions about solicitors' participation in potentially discriminatory arrangements.

The Law Society's 2014 practice note was criticised precisely on this basis. Legal advice from Karon Monaghan QC reportedly concluded that the guidance was "unlawful" because it endorsed discriminatory outcomes.3 The withdrawal suggests the Law Society accepted this analysis, yet no guidance has emerged on how practitioners should navigate the tension between serving religious clients and avoiding facilitation of discrimination.

The resolution lies in recognising the distinction between testamentary freedom and solicitor endorsement. English law permits testators to distribute estates as they choose, including in ways that reflect religious principles. A solicitor who competently drafts such a will, having explained all legal risks and alternatives, does not endorse the distribution but rather exercises professional skill to give effect to lawful client instructions. The key is ensuring the client understands that English law treats heirs equally for Inheritance Act purposes regardless of the will's terms.

Client Communication Protocols

Effective cultural competency requires structured communication protocols that address both religious requirements and legal constraints.

Initial consultations should establish: the client's religious affiliation and school of jurisprudence; the client's understanding of Islamic inheritance principles; family composition including any persons who might be excluded under faraid but protected under English law; and the client's attitude to potential Inheritance Act claims.

Practitioners should avoid assumptions about what "Sharia-compliant" means to individual clients. Some may seek strict application of faraid. Others may prefer arrangements inspired by Islamic principles but modified to address English law constraints. Still others may wish to use the wasiyyah discretionary third creatively while maintaining faraid compliance for the remainder.

Where clients express intentions that create obvious Inheritance Act exposure, practitioners must document clear advice about litigation risk and obtain written acknowledgement that the client wishes to proceed despite this risk.

6. Practical Framework for Solicitors

Initial Consultation Checklist

A structured approach to Sharia-compliant will instructions ensures consistent practice and appropriate risk management.

Step 1: Establish Jurisprudential Basis Identify which school of Islamic jurisprudence the client follows. For Sunni clients, establish whether they follow Hanafi, Maliki, Shafi'i, or Hanbali interpretation. For Shia clients, confirm whether Ithna Ashari (Twelver) or other tradition applies. Document this clearly as inheritance calculations differ between schools.

Step 2: Map Family Composition Create a comprehensive family tree identifying all persons who would be heirs under faraid and all persons who might bring Inheritance Act claims. Note any discrepancies, particularly: adopted children recognised under English law but not under Islamic succession; children born outside marriage; non-Muslim family members; and spouses from marriages not recognised in the client's religious tradition.

Step 3: Quantify Estate and Expected Distribution Calculate what each heir would receive under the intended Sharia-compliant distribution and what they might claim under the Inheritance Act. Where spousal provision under faraid falls substantially below what courts have awarded in comparable cases, document this clearly.

Step 4: Inheritance Act Risk Disclosure Provide written advice explaining: the 1975 Act permits certain family members to apply for provision; religious or cultural factors do not prevent or limit such claims; Kaur v Singh demonstrates courts will award spouses substantial provision regardless of testamentary intentions; and identified persons who might bring claims against the estate.

Step 5: Obtain Informed Acknowledgement Secure written confirmation that the client: understands the Inheritance Act creates exposure that cannot be eliminated; has received advice on potential claimants and their likely prospects; wishes to proceed with the Sharia-compliant distribution despite acknowledged risks; and accepts that family members may successfully challenge the distribution after death.

Coordination with Islamic Scholarship

Complex Sharia-compliant will instructions may benefit from coordination with appropriate Islamic scholarship. Some clients will arrive with calculations already prepared by an imam or Islamic scholar. Others may request solicitor assistance in identifying appropriate scholarly resources.

Practitioners should not themselves purport to interpret Islamic law but may facilitate connections with qualified scholars or organisations. Bodies such as the Muslim Council of Britain or established mosques may provide guidance on faraid calculations. Specialist Islamic will services may offer scholar authentication of inheritance distributions.

The solicitor's role remains focused on English law compliance: ensuring the will meets Wills Act 1837 formalities, advising on Inheritance Act exposure, and documenting the instruction process appropriately.

Tax Efficiency Considerations

Islamic inheritance principles do not preclude inheritance tax planning. Practitioners should address tax-efficient structures that remain consistent with the client's religious requirements.

Spousal exemption applies regardless of the distribution's religious basis, but requires the spouse to benefit. Where faraid prescribes minimal spousal provision, this reduces the available exemption. Practitioners might explore whether clients consider transfers to the spouse followed by lifetime giving consistent with Islamic principles.

Charitable legacies within the wasiyyah discretionary third may qualify for the reduced 36% inheritance tax rate where 10% or more of the net estate passes to charity.20 Islamic charitable giving traditions align well with English tax incentives, and practitioners should calculate whether intended charitable bequests meet the 10% threshold to secure the reduced rate across the entire chargeable estate.

Business property relief and agricultural property relief apply where qualifying conditions are met, regardless of the ultimate distribution. Practitioners should identify potentially qualifying assets and ensure any reliefs are maximised before calculating faraid shares.

The concept of hibah (lifetime gifts) within Islamic tradition may also serve as a tax-planning mechanism. Where clients are willing to make inter-vivos transfers, potentially exempt transfers and the seven-year cumulation rule operate independently of any religious characterisation. Lifetime giving may reduce the chargeable estate while achieving distribution objectives that the client considers consistent with Islamic principles, though practitioners must ensure clients understand the reservation of benefit rules and their potential to bring gifted assets back into the estate for inheritance tax purposes.

Pension and Life Insurance Considerations

Practitioners should advise clients that pension death benefits and life insurance policies written in trust fall outside the estate for both probate and inheritance tax purposes. These instruments therefore operate independently of the faraid distribution and provide a mechanism through which testators may ensure adequate provision for persons who might otherwise bring Inheritance Act claims, without disrupting the Sharia-compliant structure of the will itself. Nominations for pension death benefits and trust arrangements for life policies should be reviewed as part of a holistic estate planning exercise alongside the will.

Conclusion

The decade since the Law Society withdrew its practice note on Sharia succession has seen demand for culturally competent estate planning services grow while formal professional guidance remains absent. This vacuum creates risk for practitioners and clients alike.

The legal position is clear: testamentary freedom under the Wills Act 1837 permits Sharia-compliant distributions, but the Inheritance (Provision for Family and Dependants) Act 1975 creates genuine litigation exposure that cannot be contracted away. Kaur v Singh demonstrates that courts apply statutory provisions without modification for cultural or religious context. Practitioners who draft Sharia-compliant wills without advising on Inheritance Act risk expose both their clients' estates and their own professional standing.

Cultural competency requires more than commercial awareness of a growing market. SRA Principle 6 frames inclusive practice as regulatory obligation. Solicitors serving Muslim clients must understand Islamic inheritance principles sufficiently to take competent instructions, while maintaining clarity that their professional responsibility centres on English law advice.

The Law Commission's May 2025 affirmation of testamentary freedom as a guiding principle provides continuing support for Sharia-compliant distributions.6 Yet absent legislative change to the Inheritance Act, the tension between religious estate planning and statutory family provision persists. Practitioners must navigate this tension through robust documentation, clear risk disclosure, and informed client acknowledgement.

CPD Declaration

Estimated Reading Time: 20 minutes Technical Level: Advanced Practice Areas: Private Client, Wills and Probate, Equality and Diversity, Regulatory Compliance

Learning Objectives

Upon completing this article, practitioners will be able to:

  1. Identify the key tensions between Islamic inheritance principles (faraid) and English succession law, including the Inheritance (Provision for Family and Dependants) Act 1975
  2. Evaluate Inheritance Act litigation risk for clients seeking Sharia-compliant will distributions, applying the principles from Kaur v Singh [2023]
  3. Distinguish between the four Sunni schools of jurisprudence and Shia inheritance law when establishing client instructions
  4. Apply a structured consultation framework for Sharia-compliant will instructions, including documentation of risk acknowledgements

SRA Competency Mapping

  • A2: Effective communication with diverse clients
  • A3: Managing client expectations and providing clear advice on risks
  • B3: Ability to recognise and deal with issues of professional conduct
  • C1: Understanding of legal and regulatory frameworks

Reflective Questions

  1. How would you adapt your initial consultation process when a client requests a Sharia-compliant will, and what additional documentation would you implement?
  2. How might you balance your obligation to serve clients from diverse backgrounds with your duty to advise on the litigation risks created by certain distributions?
  3. What resources or professional connections would you develop to support culturally competent private client practice within your firm?

Professional Disclaimer

The information presented reflects the regulatory and legislative position as of 2026-02-02. Regulations, tax rules, and professional guidance are subject to change. Readers should independently verify all information before acting and seek advice from appropriately qualified solicitors, financial advisors, or other professionals for their specific circumstances.

Neither WUHLD nor the author accepts liability for any actions taken or decisions made based on the content of this article. Professional readers are reminded of their own regulatory obligations and duty of care to their clients.

Footnotes

Footnotes

  1. Office for National Statistics, Religion, England and Wales: Census 2021 (November 2022). https://www.ons.gov.uk/peoplepopulationandcommunity/culturalidentity/religion/bulletins/religionenglandandwales/census2021 ↩ ↩2

  2. Law Society, Practice Note on Sharia Succession Rules (March 2014, withdrawn November 2014). Originally published at lawsociety.org.uk/advice/practice-notes/sharia-succession-rules/; no longer publicly available following withdrawal. Confirmed by Law Society Gazette reporting 3. ↩

  3. Law Society Gazette, "Society withdraws sharia wills note" (November 2014). https://www.lawgazette.co.uk/law/society-withdraws-sharia-wills-note/5045303.article ↩ ↩2 ↩3

  4. Southall Black Sisters, "Law Society withdraws Sharia Wills Practice Note" (November 2014). https://southallblacksisters.org.uk/news/law-society-withdraws-sharia-wills-practice-note/ ↩

  5. Solicitors Regulation Authority, How Diverse is the Profession? (2023). https://www.sra.org.uk/sra/equality-diversity/diversity-profession/diverse-legal-profession/ ↩

  6. Law Commission, Modernising Wills (Law Com No. 413, May 2025). https://lawcom.gov.uk/project/wills/ ↩ ↩2 ↩3

  7. Home Office, The Independent Review into the Application of Sharia Law in England and Wales (February 2018). https://www.gov.uk/government/publications/applying-sharia-law-in-england-and-wales-independent-review ↩

  8. Wills Act 1837, s.3. https://www.legislation.gov.uk/ukpga/Will4and1Vict/7/26 ↩

  9. Ilott v The Blue Cross [2017] UKSC 17. https://www.supremecourt.uk/cases/uksc-2015-0203.html ↩ ↩2

  10. Inheritance (Provision for Family and Dependants) Act 1975, s.1. https://www.legislation.gov.uk/ukpga/1975/63 ↩ ↩2 ↩3 ↩4 ↩5

  11. STEP Journal, "Shari'a Succession Rules: Planning and Disputes" (June 2009). https://journal.step.org/step-journal-june-2009/sharia-succession-rules-planning-and-disputes ↩ ↩2 ↩3 ↩4 ↩5

  12. Hollingsworth, M., "The Islamic Succession," RHJ Devonshire Solicitors. https://www.rhjdevonshire.co.uk/the-islamic-succession/ ↩ ↩2 ↩3 ↩4

  13. Kaur v Singh [2023] EWHC 304 (Fam). https://www.bailii.org/ew/cases/EWHC/Fam/2023/304.html ↩ ↩2 ↩3

  14. Law Society, "What Kaur v Singh tells us about wills and modern values" (2023). https://www.lawsociety.org.uk/topics/private-client/what-kaur-v-singh-tells-us-about-wills-and-modern-values ↩

  15. Islamic Relief UK, Islamic Inheritance Guidance. https://www.islamic-relief.org.uk/giving/islamic-giving/islamic-inheritance/ ↩

  16. Family Law Reform Act 1987. https://www.legislation.gov.uk/ukpga/1987/42 ↩

  17. Solicitors Regulation Authority, SRA Principles (2019). https://www.sra.org.uk/solicitors/standards-regulations/principles/ ↩

  18. Solicitors Regulation Authority, SRA Approach to Equality, Diversity and Inclusion. https://www.sra.org.uk/solicitors/guidance/sra-approach-equality-diversity-inclusion/ ↩

  19. Equality Act 2010. https://www.legislation.gov.uk/ukpga/2010/15 ↩

  20. Inheritance Tax Act 1984, Sch 1A (as amended by Finance Act 2012). https://www.legislation.gov.uk/ukpga/1984/51 ↩