Wasiyyah Meaning: How the Islamic Bequest Works in a UK Will
Wasiyyah is the Islamic bequest of up to one-third of an estate. We draft Islamic wills that carry it out and stand up under English law.
Last reviewed: 27 October 2026 · Wills and probate team, Adam Bernard Solicitors
Wasiyyah (وصية) means a bequest: a Muslim’s written instruction about part of their estate that takes effect after death. Under Islamic law it can pass up to one-third of the net estate to people or causes who are not fixed heirs, while the remaining two-thirds follows the fixed Quranic shares. In England and Wales, a wasiyyah only has legal force if it sits inside a will that meets the Wills Act 1837.
This guide explains what wasiyyah means, the one-third rule, who can and cannot receive a bequest, and how the wasiyyah is carried out through UK probate. If you are ready to make a will, see our full guide to making an Islamic will in the UK.
What is wasiyyah in Islam?
In Islam, wasiyyah is the bequest or set of final instructions a person leaves for after their death. The word comes from an Arabic root meaning to entrust or to enjoin. The Quran refers to bequests in Surah Al-Baqarah (2:180–182) and repeatedly states in Surah An-Nisa (4:11–12) that inheritance shares are distributed only after any bequest and debts have been settled.
A wasiyyah can cover two kinds of wishes:
- Financial bequests: gifts of money or property from the permitted one-third.
- Instructions: paying outstanding zakat or kaffarah, funding Hajj on your behalf, funeral and burial wishes, and naming guardians for children.
The one-third rule: how much can a wasiyyah cover?
A wasiyyah can cover up to one-third of the estate left after funeral costs and debts are paid. The limit comes from the hadith of Sa’d ibn Abi Waqqas, recorded in Sahih al-Bukhari and Sahih Muslim, in which the Prophet (peace be upon him) allowed a bequest of one-third and described even that as a lot.
Islamic law settles an estate in this order:
- Funeral and burial expenses
- Debts, including unpaid mahr owed to a wife
- The wasiyyah, capped at one-third of what remains
- The fixed shares (faraid) for the heirs, from everything left
Many scholars hold that a bequest above one-third is valid only if the heirs agree to it after the death. Schools of thought differ on the detail, so name the scholar or body whose view you want applied.
Wasiyyah vs inheritance (mirath): what is the difference?
Inheritance (mirath) is fixed by the Quran and cannot be changed by the person who dies; wasiyyah is the one part of the estate the person chooses.
| Wasiyyah (bequest) | Mirath / faraid (inheritance) | |
|---|---|---|
| Who decides | The person making the will | Fixed by the Quran and Sunnah |
| Maximum size | One-third of the net estate | Whatever remains after debts and the wasiyyah |
| Who receives | Non-heirs: charity, friends, non-Muslim relatives, some grandchildren | Fixed heirs: spouse, children, parents, and others in set order |
| Can it go to an heir? | Generally no, unless the other heirs consent | Yes, by definition |
Who can receive a wasiyyah?
A wasiyyah is generally for people and causes that do not already inherit a fixed share. The hadith “no bequest for an heir”, recorded by Abu Dawud and al-Tirmidhi, is the basis for this. Common recipients are:
- Grandchildren whose parent died first. They are often excluded from mirath by a surviving uncle or aunt, so a wasiyyah is the usual way to provide for them.
- A non-Muslim spouse or relative. Most scholars hold they cannot inherit through mirath, but can receive a bequest.
- Step-children, adopted children, carers and friends.
- Charities, mosques and sadaqah jariyah projects.
The role of Islamic inheritance law in a UK will
English law does not apply Islamic inheritance rules automatically, so a Muslim’s will has to do two jobs: give the wasiyyah and direct the rest of the estate to be shared under Islamic law. A Sharia-compliant will usually has:
- A wasiyyah clause naming each bequest and keeping the total within one-third.
- A residuary clause directing the remaining estate to be divided among your heirs under the Islamic law of inheritance, often with a named scholar or Islamic body to confirm the shares at the date of death.
- Practical clauses for executors, guardians for children, funeral wishes and a fallback if a gift fails.
The shares themselves (for example, a wife’s one-eighth where there are children) are explained in our guide to how assets are divided under an Islamic will.
Wills UK law: what makes a wasiyyah legally valid?
A wasiyyah is only enforceable in England and Wales if it is in a will that meets the formal rules in section 9 of the Wills Act 1837. According to GOV.UK, 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
Three rules regularly catch people out:
- Witnesses cannot benefit. Under section 15 of the Wills Act 1837, a gift to a witness or a witness’s spouse fails. Never ask a family member who inherits to witness.
- Spoken wishes do not count. An oral wasiyyah, however clear, is not a valid will in England and Wales for most people.
- Marriage cancels an earlier will. Under section 18 of the Wills Act 1837, a legally recognised marriage revokes an existing will. Whether a nikah alone counts is covered in our guide to probate in Muslim law.
Can family members challenge an Islamic will?
Yes. The Inheritance (Provision for Family and Dependants) Act 1975 lets a spouse, child or dependant ask the court for reasonable financial provision. Because Islamic shares are unequal, a will that follows them can be challenged. A claim must normally be made within 6 months of the grant of probate. Careful drafting and a clear record of your reasons reduce the risk.
What happens if a Muslim dies without a wasiyyah?
Without a valid will, the estate passes under the intestacy rules, which do not follow Islamic shares. Where there is a spouse and children, the spouse receives personal possessions, the first £322,000 and half of the rest, and the children share the other half (The Administration of Estates Act 1925 (Fixed Net Sum) Order 2023). Parents, siblings and orphaned grandchildren may receive nothing, and an unmarried partner inherits nothing. You can check who inherits on GOV.UK.
After a death, heirs can sometimes redistribute an estate to follow Islamic shares using a deed of variation, but every affected beneficiary must agree. A will is far more reliable.
Wasiyyah and Inheritance Tax
A wasiyyah to a UK registered charity is free of Inheritance Tax, and it can lower the tax on the rest of the estate. GOV.UK sets the threshold at £325,000 and the standard rate at 40%. If you leave 10% or more of the net estate to charity, the estate can pay a reduced rate of 36% on some assets.
The spouse exemption only applies to a legally recognised spouse or civil partner. A wife’s Islamic one-eighth share may be taxable where her husband’s share would not be, so the tax position needs checking before you sign.
How the wasiyyah is carried out in probate
Your executor uses the grant of probate to collect the estate, pay debts, pay out the wasiyyah, then distribute the rest to your heirs. The probate application fee is £526 where the estate is worth over £5,000. For the full step-by-step process, read our guide to probate in Muslim law, and see our wills and probate fees.
Common wasiyyah mistakes
- Leaving more than one-third without the heirs’ agreement in place
- Making a bequest to an heir, such as an extra gift to one son
- Using a beneficiary as a witness
- Writing “according to Sharia” with no fallback or named authority
- Forgetting assets abroad, which may follow local law instead of your UK will
- Not updating the will after marriage, divorce, a death or a new child
- Not naming guardians for children under 18
Frequently Asked Questions
What does wasiyyah mean in English?
Wasiyyah means bequest or final instruction. It is the part of a Muslim's will that gives up to one-third of the estate to people or causes outside the fixed heirs, and records wishes such as unpaid zakat or funeral arrangements.
What is the difference between wasiyyah and inheritance in Islam?
Inheritance (mirath) is fixed by the Quran and goes to set heirs in set shares. Wasiyyah is chosen by the person making the will, is limited to one-third of the net estate, and is paid before the inheritance shares are calculated.
Can you make a wasiyyah to an heir?
Generally no. Most scholars hold that a bequest to someone who already inherits a fixed share, such as a child or spouse, is valid only if the other heirs agree after the death.
Can a wasiyyah be made verbally in the UK?
No, not for most people. In England and Wales a will must be in writing, signed and witnessed by two adults under section 9 of the Wills Act 1837, so a spoken wasiyyah has no legal force.
Can a wasiyyah provide for orphaned grandchildren?
Yes. Grandchildren whose parent died first are often excluded from inheritance by a surviving uncle or aunt, so a wasiyyah from the one-third is the usual way to provide for them.
Does a wasiyyah to charity reduce Inheritance Tax?
Yes. Gifts to UK registered charities are exempt from Inheritance Tax, and leaving 10% or more of the net estate to charity can reduce the rate on some assets from 40% to 36%.
When is a wasiyyah paid out?
After death, the executor obtains a grant of probate, pays funeral costs and debts, then pays the wasiyyah before dividing the rest among the heirs.
How Adam Bernard Solicitors can help
Our wills and probate solicitors draft wills that carry out your wasiyyah and your Islamic shares while meeting every requirement of English law. We are regulated by the Solicitors Regulation Authority and have advised more than 15,000 clients over 15 years from our High Holborn and Upton Park offices.
We can:
- draft your Islamic will with a wasiyyah clause, residuary clause and guardianship clauses
- review the tax position and the risk of a 1975 Act claim
- set up a lasting power of attorney alongside your will
- act as executor and handle probate for your family
Call 0207 100 2525 (24/7) or book a will writing consultation in person or by Zoom, Teams, WhatsApp or Skype.
This article is for information only and is not legal or religious advice. For rulings on Islamic law, consult a qualified scholar.
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 .
