Under UK law, wills can be contested on several grounds, including failure to comply with formalities, lack of testamentary capacity, want of knowledge and approval and undue influence. Sharia law wills, which are governed by Islamic principles, are designed to ensure that assets are distributed in accordance with religious obligations and the laws of inheritance as stipulated in the Quran and Sunnah. These laws are considered integral to Islamic practice and any violation of them is deemed a major sin. Sharia law wills may also involve unique considerations, such as the preservation of family harmony and the fulfilment of religious duties.
Legal standards/rules
1. Grounds for contesting Wills under UK law
- A will can be set aside if it fails to comply with required formalities, such as proper execution or witnessing;
- Testamentary capacity is a critical requirement; a will made by a testator lacking such capacity is invalid, regardless of whether undue influence was involved;
- Claims of undue influence require the claimant to prove coercion rather than mere persuasion, which can be challenging due to the multi-factoral nature of the court’s assessment; and
- Want of knowledge and approval can invalidate a will if there is evidence of a misunderstanding or procedural failure during its execution, even in the absence of undue influence.
2. Sharia law Wills
- Islamic estate planning is guided by religious principles, with the Quran as the primary source and the Sunnah as the secondary source;
- The laws of inheritance under Sharia are explicitly detailed in the Quran and are considered divine mandates. Any deviation from these laws is regarded as a sin; and
- Sharia law wills aim to preserve family harmony, promote social justice and fulfil religious duties.
Analysis
1. Grounds for contesting Sharia law Wills under UK law
Sharia law wills, like any other wills, are subject to the general principles of UK law governing the validity of testamentary documents. A Sharia law will can be contested on the following grounds:
- Failure to comply with formalities: If the will does not meet the formal requirements for execution under UK law, such as being signed by the testator in the presence of two witnesses, it may be invalidated. This applies regardless of the religious principles underlying the will;
- Lack of testamentary capacity: A testator must have the mental capacity to understand the nature of their estate and the consequences of their decisions at the time of making the will. If the testator was elderly or in ill health, as is often the case in disputes, medical records and witness testimony may be critical in establishing or contesting capacity.
- Want of knowledge and approval: If the testator did not fully understand or approve the contents of the will, it may be set aside. This could occur due to a misunderstanding or procedural failure during the drafting or execution of the will.
- Undue influence: Claims of undue influence require evidence that coercion, rather than persuasion, was applied to the testator. This is particularly relevant in cases where the testator was vulnerable or reliant on others for assistance in drafting the will. The burden of proof lies with the Claimant.
2. Specific considerations for Sharia law Wills
Sharia law wills introduce unique considerations that may impact the grounds for contestation:
- Religious compliance: Sharia law mandates strict adherence to the laws of inheritance as outlined in the Quran. Any deviation from these divine laws could be grounds for contestation within the framework of Islamic principles. However, UK courts do not enforce religious laws; they apply secular legal standards. Therefore, a challenge based solely on non-compliance with Sharia principles will not succeed unless it also violates UK legal standards
- Family harmony and social justice: Sharia law wills are often designed to promote family harmony and social justice. Disputes may arise if beneficiaries feel that the distribution of assets under the will is unfair or inconsistent with these principles. While UK courts do not adjudicate on fairness, such claims may intersect with claims under the Inheritance (Provision for Family and Dependants) Act 1975.
Conclusion
Sharia law wills can be contested under UK law on the same grounds as any other will, including failure to comply with formalities, lack of testamentary capacity, want of knowledge and approval and undue influence. However, the unique religious and social considerations of Sharia law may introduce additional complexities, particularly where claims of unfairness or non-compliance with Islamic principles are raised. It is essential for claimants to provide clear and compelling evidence to support their claims, particularly in cases involving undue influence or testamentary capacity.
How can we help?
Kirria Hearn is a Trainee Solicitor in our expert Dispute Resolution Team.
For more information regarding the subjects discussed in this article, please contact Kirria or another member of the team in Derby, Leicester, or Nottingham on 0800 024 1976 or via our online form.
If this article relates to a specific case/cases, please note that the facts of this case/cases are correct at the time of writing.