Probate in Muslim Law: How Islamic Inheritance Works Through UK Probate
We help Muslim families apply for probate and divide an estate in line with Islamic shares, within the law of England and Wales.
There is no separate “Islamic probate” court in England and Wales. When a Muslim dies, their estate goes through the same probate process as everyone else, run by HM Courts & Tribunals Service. Islamic inheritance shares are only followed if the person left a valid will that sets them out, or if adult heirs agree to rearrange the estate afterwards.
That single point decides almost everything about probate in Muslim law in the UK. This guide explains how the Islamic rules of inheritance (faraid) and the English probate system fit together, what happens if there is no will, and how families can honour Sharia principles while staying within UK law.
Call 0207 100 2525 to speak to our wills and probate solicitors, in person at our High Holborn or Upton Park offices, or by Zoom, Teams, WhatsApp or Skype.
Last reviewed: 27 October 2026. This article is for general information only and is not legal advice.
What is probate in Muslim law?
In UK terms, probate is the legal right to deal with a deceased person’s property, money and possessions. In Muslim law, it is the process of settling the estate in the order Islam requires: funeral costs, then debts, then bequests of up to one third, then the fixed shares for heirs.
In England and Wales, the executor named in the will applies for a grant of probate. If there is no will, a close relative applies for letters of administration instead (GOV.UK: Applying for probate). The court does not apply Islamic law itself. It enforces whatever a valid will says, and the will is what carries the Islamic distribution.
The order of payments under Islamic inheritance law
Islamic law settles an estate in a fixed sequence. A well-drafted will mirrors this so the executor can follow it without dispute.
- Funeral and burial costs are paid first, from the estate.
- Debts are repaid in full, including unpaid mahr owed to a wife.
- Bequests (wasiyyah) of up to one third of what remains may go to people who are not fixed heirs, or to charity.
- Fixed shares (faraid) are divided among the Quranic heirs from the balance.
The English process follows the same broad order: the personal representative must pay debts and any tax before distributing the estate (GOV.UK: Deal with the estate).
Who inherits under Islamic law?
The main fixed heirs are the spouse, children, father and mother. Their shares depend on who else survives the deceased.
| Heir | Share (common Sunni rules) |
|---|---|
| Husband | 1/2 if no children; 1/4 if there are children |
| Wife (shared between wives) | 1/4 if no children; 1/8 if there are children |
| Father | 1/6 if there are children, and may take the residue |
| Mother | 1/6 if there are children or two or more siblings; otherwise 1/3 |
| Daughter(s) only | One daughter 1/2; two or more share 2/3 |
| Sons and daughters together | Residue shared, a son receiving twice a daughter’s share |
Shares vary between Sunni schools and Shia jurisprudence, and the final calculation is only known at death. A will should therefore direct distribution “in accordance with Islamic law as applied by [named school]” rather than fix fractions to named people.
Is an Islamic will legally valid in the UK?
Yes. A Sharia-compliant will is valid in England and Wales if it meets the same formal rules as any other will. Under section 9 of the Wills Act 1837, it must be in writing and signed by the person making it in front of two witnesses, who then sign in their presence. GOV.UK adds that the person must be 18 or over, acting voluntarily and of sound mind.
One trap catches many family-witnessed Islamic wills: a witness, or a witness’s spouse, cannot benefit from the will. If an heir witnesses it, their gift fails (Wills Act 1837, section 15). Use two independent adult witnesses.
For drafting guidance, see our guide to Understanding Islamic Wills or book a will writing consultation.
What happens if a Muslim dies without a will in the UK?
Without a valid will, the intestacy rules of England and Wales decide who inherits, and they do not follow Islamic shares. Under the Administration of Estates Act 1925, section 46, a surviving spouse with children takes the personal possessions, a fixed sum (currently £322,000) and half of anything above it; the children share the other half equally. With no children, the spouse takes everything.
That can differ sharply from faraid. A wife would receive far more than 1/8; parents and siblings may receive nothing; sons and daughters receive equal shares. You can check who inherits using the GOV.UK intestacy tool.
Can the family still divide the estate the Islamic way? Often, yes. Adult beneficiaries can sign a deed of variation within two years of the death to redistribute what they received. If it meets the conditions in section 142 of the Inheritance Tax Act 1984, it is treated for Inheritance Tax as if the deceased had made that gift. Every person giving up an entitlement must be over 18 and agree freely, so this is not a substitute for a will.
Nikah-only marriages and probate
A religious marriage that was never legally registered in the UK may not be recognised for probate, intestacy or Inheritance Tax. A spouse in a nikah-only marriage could inherit nothing under intestacy and lose the spouse exemption from Inheritance Tax. GOV.UK explains the legal requirements for a marriage to be valid in England and Wales. If your marriage was religious only, a will is essential.
Islamic wills and Inheritance Tax
Inheritance Tax applies the same way whether or not a will is Sharia-compliant. The standard rate is 40% on the part of an estate above the £325,000 threshold, and anything left to a legally married spouse or civil partner is usually exempt (GOV.UK: How Inheritance Tax works).
This creates a planning issue unique to Islamic wills. A secular will often leaves everything to the spouse tax-free. An Islamic will gives the spouse 1/4 or 1/8, so more of the estate passes to children and parents and may become taxable. Executors must value the estate and report it to HMRC before applying for probate (GOV.UK: Value the estate). A solicitor can structure the will to use the available allowances.
The probate process step by step
- Register the death and arrange the funeral. Burial can take place promptly, as Islam requires; probate is not needed first (GOV.UK: Arrange the funeral).
- Find the will and identify the executor. In Islamic tradition the executor (wasi) is usually a trusted Muslim; UK law has no religious requirement.
- Value the estate and deal with Inheritance Tax.
- Apply for probate or letters of administration. The court fee is £526 if the estate is over £5,000 and nothing at or below £5,000. Extra copies cost £2 each if ordered with the application, or £16 each afterwards (GOV.UK: Probate fees).
- Collect assets, pay debts (including unpaid mahr) and any tax.
- Pay bequests of up to one third, then distribute the remaining fixed shares.
- Keep estate accounts showing every payment, so heirs can see how each share was calculated.
See our probate process and consultation service and wills and probate fees.
Can a Sharia-compliant will be challenged?
Yes, on the same grounds as any will, and through one route that matters especially for Islamic wills. Under the Inheritance (Provision for Family and Dependants) Act 1975, a spouse, child or dependant can ask the court for reasonable financial provision if the will does not provide it. Because Islamic shares give a widow 1/8 and daughters half a son’s share, these claims are a real risk. A claim must normally be made within six months of the grant (section 4).
The court will not set a will aside simply because it follows, or departs from, Islamic rules. Claims succeed on UK legal grounds, such as invalid signing, lack of capacity, undue influence or inadequate provision under the 1975 Act.
Practical challenges families face
- Different schools of thought. Heirs may disagree on shares. Name the school in the will.
- Assets abroad. Property in Pakistan, Bangladesh or elsewhere may be governed by local succession law, not your UK will.
- Joint property. A home owned as joint tenants passes to the surviving owner automatically, outside the will and outside faraid (GOV.UK: Joint property ownership).
- Converts and mixed-faith families. Under Islamic law non-Muslim relatives are not fixed heirs, but they can receive a bequest from the one-third.
- Out-of-date wills. Marriage revokes an earlier will in England and Wales, so review it after any change in family circumstances (GOV.UK: Update your will).
How Adam Bernard Solicitors can help
Our SRA-regulated wills and probate solicitors advise Muslim families across London on drafting Sharia-compliant wills that are valid under English law, and on administering estates after a death. We can calculate Islamic shares, prepare the probate application, handle the Inheritance Tax account, deal with deeds of variation and help resolve family disagreements.
Call 0207 100 2525 or contact us to arrange an appointment at our High Holborn or Upton Park office, or a video consultation.
Frequently Asked Questions
Is there a separate Islamic probate process in the UK?
Who are the executors in a Sharia-compliant will?
What is the role of the executor in a Sharia-compliant will?
What happens if a Muslim dies without a will in England?
Can Islamic inheritance law be followed without a will?
How much does probate cost in the UK in 2026?
Does an Islamic will reduce Inheritance Tax?
Can a Sharia-compliant will be challenged in an English court?
Request a Consultation
Our Clients Share Their Success Stories.
Good service 👍 👌 many thanks for the great service you have provided to us. Our visa got approved just within 2 weeks only because of your hardwork and subject matter expertise. I am very thankful to you
For me, it was the attitude towards the job the lawyers displayed. Totally unmatched. I've been in and out of law firms because of the divorce with my wife and other related issues but Adam Bernard Solicitors was it for me guys. The best!
I want to thank Adam Benard team, they really helped me in my process of purchasing a property, their team are listen and respond to their customers fast. I really love your service, thanks alot.
Adam Bernard team helped me to purchase the best property for the best amount of time for the best money i have . i personally love dealing with them and i thank the team for all the efforts they made to make the task better .
