Guidelines issued on Sharia Wills (ie unequal shares to female children)

[mumblechum1]

www.independent.co.uk/news/uk/home-news/islamic-law-to-be-enshrined-in-british-law-as-solicitors-get-guidelines-on-sharia-compliant-wills-9210682.html

Must admit I have only been asked on 2 occasions in many years of will-writing to make Sharia compliant wills, and both times advised that they would not stand up in court and so in one case the client went elsewhere, in the other he agreed to divide his estate equally between his sons and daughters when I explained the risk of litigation.

I am saddened if this is now going to change.

The Law Society itself seems to view this as "guidance" and a "practice note" rather than anything being enshrined in British law, with the rather obvious aim of helping solicitors attract Muslim customers www.lawsociety.org.uk/news/press-releases/law-society-publishes-practice-note-on-sharia-wills-and-inheritance-rules/

I was under the impression that under UK law, you can bequeath your estate to whomever you choose, as long as the will has been properly conducted.

Likewise, I'm sure there are people who choose to give children and other relatives different amounts for different reasons. I wasn't aware there was anything illegal about this.

Working link

www.lawsociety.org.uk/news/press-releases/law-society-publishes-practice-note-on-sharia-wills-and-inheritance-rules/

Sharia has no place in the UK in any way shape or form

it is pure cowardice to allow Muslims to discriminate and bully in ways that NO other group would ever be allowed to

Plenty family business' leave the majority of their assets to the chosen son or daughter.

Plenty family business' leave the majority of their assets to the chosen son or daughter
not under UK tax law they do not

Assisting society to become even more unequal seems a huge backwards step. I really hope this is successfully challenged.

Am I missing something here? While I don't for a second agree with this surely any one of us can will our estate to whoever we want so any will could leave uneven shares to siblings or leave one out altogether?

Talkin I genuinely thought they did. I know various families (all farmers) where the son inherited the farm and the sister was bought a house/cash lump sum. I thought you could leave your assets to anybody you want - the cats home, the daughter who looked after you etc.

Talkin How on earth is some guidelines for solicitors "Muslims being allowed to bully".

That Independent article is scare-mongering rubbish. There are no changes to British law, it's just guidelines about how a certain section of society might like to divvy up their money.

I am sick to death of papers thinking they can print any rubbish they like about Muslims. Wha

It seems very weird that sons don't inherit within the primary beneficiaries.

Besides, my friend's Sikh parents had the same expectations about how to divide their estate among sons & daughters (i.e., the latter got nothing). It's not a value system exclusive to any one culture.

I don't understand. I thought in the UK you could will what you wanted to who you wanted, no questions asked.

I live in France and here that is not the case, but I believed in the UK it always was.

How odd. In my work the most common request is from someone living in a country that enforces Sharia law, who wants to get round it!

Talkin 'tax law' has nothing to do with who inherits what. Tax law tells you how to tax the estate. English law does allow you ( within the confines of the Family and Dependents Act) to leave your estate how you wish. Scots law is different.

In the UK you can leave your money to whoever you like.

This changes nothing at all. It simply is a document that says how things are done under Sharia, for people being asked to draw up wills in that way.

I don't understand why this is in the news, and I don't understand why it is being reported as a change to the law or anything like that.

We're not like France, for eg, where people have to leave money to their children and so on. In the UK you can do whatever you like, however outrageous it might seem to others.

The UK has long standing rules on primo geniture
they were recently amended to make daughters equal

wills can indeed leave whatever you like to whoever you like
but call in pecking order, do not get religion involved

transfer of business rules are governed by tax laws which (luckily) ignore archaic mysogynistic religios views

I'm shocked I tell you by these medieval practices. Can you imagine how awful it would be if large estates were willed to male heirs in preference to closer females, with social status and governmental voting rights processing accordingly? We haven't had that for, oooh, nearly 15 years (except for the titles and the social status - that still goes to the boys). And our Head of State hasn't been governed under a system of male primogeniture for nearly three years now.

Which laws on primogeniture were recently amended? You mean when Kate wotsit was pregnant? That was just for getting to the throne. Other titles still pass down through primogeniture. Which laws are you talking about?

And yes you can leave whatever to whoever so why is it bulling and discriminating when one section of society does something which is in accord with the law?

I'm slightly baffled.

transfer of estates can now be to the oldest child be they male or female : the Knatchbulls have been active in getting that tagged along with the George issue
its not had to go live yet but its in place

But you choose who you will things too. If my eldest
Child goes on a drug addled bender for 10 years (after providing appropriate help of course) my estate will go to my younger more sensible child.

Likewise if I have a disabled child I will potentially will them far more as they may need the resources.

I can also choose to will any sum of money or asset to my godchildren.

There are a million and one reasons why a daughteright get
Less on a will than a son (or vice versa) but it's totally up to the family what they do with it. Or I should say,
The people with the assets.
Talkin - I think your point rests on whether assets are owned by the business or personally.

But we're talking about normal wills here.

Not about estates linked to titles and whatnot.

What is the reason for this sidetrack.

This has been heralded as a big story in the DM (of course), the Independent and the Telegraph. It seems there is nothing involving Muslims that cannot be used to whip up hysteria.

I am absolutely stunned that mere publication of some guidelines is seen as overturning UK law.

does the law allow the children to challenge a will

yes, for same reasons that a spouse can challenge:
A) If the children are financially dependent on the parent at the time of death and can't reasonably be independent right away;
B) If it is shown that undue pressure or influence was made on the person who made out the will (like if they were threatened or senile & didn't realise what they were signing);
C) If there are Other reasons why the will might be invalid, such as if it weren't witnessed properly.

If one of those were shown to be true then the disposition of estate should follow usual rules of whats happens to an estate without a will, or an earlier version of the will might be held up as the only truly valid one.

It's hard to successfully challenge a will.