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News
Law Society withdraws guidance on Sharia wills
updated on 27 November 2014
Following criticism from solicitors and the justice secretary, the Law Society has withdrawn its guidance to solicitors on how to legally prepare wills so that they obey Sharia succession rules.
The justice secretary, Chris Grayling, had criticised the guidance which was intended to help lawyers better serve the wishes of their clients, saying in The Daily Telegraph that Sharia law has "no jurisdiction in England and Wales". The move was also welcomed by the National Secular Society in an inflammatory, fact-free tirade.
However, Grayling’s criticism has been seen by some as no more than scaremongering populism because Sharia wills still have to comply with the law of England and Wales, not change it. Stephen Newman, a partner at Baxter Caulfield, told The Guardian: "Provided the will is signed in accordance with the requirements of [the Wills Act] there is nothing in English law to prevent a person domiciled in England from choosing to dispose of his or her assets in accordance with Sharia succession rules. The Law Society’s guidance is intended to help non-Muslim legal practitioners understand those rules. It does not … change the law."
