In March, the Law Society issued a practice note for solicitors on the preparation of Islamic Wills. The practice note like any other issued by the Law Society was designed to advise solicitors on best practice; in this case on the preparation of Islamic Wills for Muslim clients. Sadly following the publication of the practice note, there was a storm of bad press against the move, with organisations such as the Lawyers’ Secular Society lobbying heavily against the note and campaigning for its removal.
At the time the Law Society said the guidance would promote ‘good practice’ (Nicholas Fluck – president of the Law Society (http://bit.ly/1mKLgC5)). However, last week following continued resistance, the Law Society caved into pressure and withdrew the note, apologising in the process.
We believe Muslim clients like anyone else, have the right to receive the best and most accurate advice on their particular issues. English law has a right of complete testamentary freedom, which means each individual can choose how to distribute their estate as they wish. If solicitors are to give Muslim clients the most complete advice then they need to be aware of the provisions of Shariah law when advising their Muslim clients on the preparation of their Will. It is then up to the client to decide what they wish their Will to say.
At I Will Solicitors we specialise in this field and will continue to strive to ensure all our clients get the best and most accurate advice when preparing their Wills.
Listen below to an interview given by our Haroon Rashid on the issue with Radio WM on Sunday 30 November and let us have your thoughts.