Key Will-Writing Terms Every Muslim Should Understand

Writing a will can feel overwhelming, especially when legal language is involved. Understanding a few key terms can make the process far clearer and help you feel confident that your wishes and your Islamic obligations are properly recorded.

Below are some of the most important terms you will encounter when creating a Sharia-compliant will in the UK.

Estate

Your estate is everything you own at the time of your death. This includes:

  • Property
  • Savings and investments
  • Personal belongings
  • Money owed to you

From this total, any debts and funeral expenses are deducted.

In Islam, settling debts and funeral costs takes priority. Only after these obligations are fulfilled is the remaining estate distributed to beneficiaries.

Testator

The testator is the person who makes the will. If you are writing your will, you are the testator.

Islam encourages Muslims not to delay this responsibility, regardless of how large or small their estate may be. Writing a will is an act of accountability and foresight.

Executor

An executor is the person (or people) you appoint to carry out your will after you pass away.

Their responsibilities include:

  • Registering the death
  • Paying outstanding debts and expenses
  • Distributing the estate in accordance with the will

Choosing a trustworthy and capable executor is essential, as they are responsible for ensuring your estate is handled correctly under UK law and Islamic principles.

Beneficiary

A beneficiary is anyone who receives something from your estate.

Under Sharia law, beneficiaries commonly include close family members with fixed entitlements, such as:

  • Spouses
  • Parents
  • Children

You may also name beneficiaries within the one-third portion of your estate that you are permitted to distribute freely — for example, charities or extended family members.

Guardian

A guardian is the person you appoint to care for your children if they are under 18 and both parents pass away.

This is one of the most important and often overlooked parts of a will.

Without a named guardian, the courts decide who will look after your children, with no obligation to consider Islamic upbringing or values.

Trustee

A trustee is someone appointed to manage assets held in trust, often for children until they reach a certain age.

Trustees ensure that money is:

  • Used responsibly
  • Protected from misuse
  • Distributed according to the instructions in your will

In Sharia-compliant wills, trustees are commonly used to safeguard a child’s inheritance until they are mature enough to receive it.

Residuary Estate

The residuary estate is what remains after the following have all been settled:

  • Debts
  • Funeral expenses
  • Taxes
  • Specific gifts

In a Sharia compliant will, the residuary estate is typically distributed strictly in accordance with Islamic inheritance rules.

Final Thoughts

Understanding these key terms removes uncertainty and empowers you to take control of your legacy.

A well-written will is not just a legal document, it is a means of:

  • Protecting your family
  • Fulfilling your faith
  • Preserving harmony
  • Gaining peace of mind

Write Your Will With Confidence

If you want a will that is clear, legally valid in the UK, and fully aligned with Islamic principles, specialist drafting is essential.

At My Sharia Will, we guide you through the entire process and ensure every detail is handled correctly, from guardianship and executors to Sharia-compliant inheritance.

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