Obtaining a Grant of Representation when a Muslim dies

When a loved one dies it can be a very difficult time for all of the family. From an islamic perspective, there are many tasks which now faces the family but in particular, for the personal representative⟨s⟩ i.e. the person⟨s⟩ named in the will or under the rules of intestacy ⟨where someone who has not written a will⟩.

Some of the initial tasks are:

  • Register the death;
  • Organise the funeral; and
  • Contact any institutions or organisations that the deceased dealt with.

If the value of any one of the assets are sizeable i.e. greater than £50,000, then the personal representatives may need to apply for a grant of representation/probate.

Contact Legal Muslim today

  • FREE initial consultation
  • From Muslims
  • Understanding the bigger picture
  • Sensitve and empathetic to your personal circumstances

What is a Grant of Representation?

A grant is a court order which grants official authority to a personal representative, to carry out the terms of the will or the rules of intestacy.

There are three types of grants, when it comes to a deceased person’s estate:

  1. Grant of Probate;
  2. Grant of Letters of Administration; and
  3. Grant of Letters of Administration with Will annexed.

Essentially the application for a grant of representation involves a personal representative to confirm that there is no tax to pay or where there is tax to pay, that it has been calculated and paid. It also requires the personal representative to carry out the terms of the will or otherwise the rules of intestacy.

If you are a personal representative of an estate and you are unsure as to how to administer it, then contact Legal Muslim for help and advice.

Allaah commands you as regards your children’s (inheritance): to the male, a portion equal to that of two females; if (there are) only daughters, two or more, their share is two-thirds of the inheritance; if only one, her share is a half. For parents, a sixth share of inheritance to each if the deceased left children; if no children, and the parents are the (only) heirs, the mother has a third; if the deceased left brothers or (sisters), the mother has a sixth. (The distribution in all cases is) after the payment of legacies he may have bequeathed or debts. You know not which of them, whether your parents or your children, are nearest to you in benefit; (these fixed shares) are ordained by Allaah. And Allaah is Ever All‑Knower, All‑Wise.

In that which your wives leave, your share is a half if they have no child; but if they leave a child, you get a fourth of that which they leave after payment of legacies that they may have bequeathed or debts. In that which you leave, their (your wives) share is a fourth if you leave no child; but if you leave a child, they get an eighth of that which you leave after payment of legacies that you may have bequeathed or debts. If the man or woman whose inheritance is in question has left neither ascendants nor descendants, but has left a brother or a sister, each one of the two gets a sixth; but if more than two, they share in a third, after payment of legacies he (or she) may have bequeathed or debts, so that no loss is caused (to anyone). This is a Commandment from Allaah; and Allaah is Ever All‑Knowing, Most‑Forbearing.

These are the limits (set by) Allaah (or ordainments as regards laws of inheritance), and whosoever obeys Allaah and His Messenger (Muhammad) will be admitted to Gardens under which rivers flow (in Paradise), to abide therein, and that will be the great success.

And whosoever disobeys Allaah and His Messenger (Muhammad), and transgresses His limits, He will cast him into the Fire, to abide therein; and he shall have a disgraceful torment

Al-Qur'an an-Nisa’ 4:11-14