An Interview by Allan Hume, Customer Relationship Manager, Estatesearch with Yasmin Hoque, solicitor and co-founder of AL-HQ Law & More.
As a legal technology company for private client practitioners working on bereavement and loss of mental capacity matters, Estatesearch works with law firms to support best practice and an inclusive approach. As one of the founders of the Vulnerable Banking Group, we are dedicated to ensuring all vulnerable people are treated fairly.
As part of our work, I was pleased to talk to Yasmin Hoque solicitor and co-founder of AL-HQ Law & More, a legal services provider bringing over 20 years of combined qualifications, expertise and knowledge to the industry in an all-inclusive way delivering Shariah Wills. They aim to enhance personal well-being and share faith-based alternative dispute resolution for the community.
AH: Tell me about your background?
YH: “I qualified as a solicitor in 2010 with a firm which has now merged with Clyde & Co where I worked on complex and high value litigation matters for commercial businesses and public authority organisations. In 2017, I started searching for ways to support the industry with avoiding litigation (having seen hardships experienced by parties to such cases) and initially became a freelance law lecturer and retrained into the non-contentious field of Wills and Probate. This opened up unexpected opportunities where I could combine my Islamic studies qualifications and my training as a lawyer which led me to set up AL-HQ Law & More in 2021. My lecturing experience also comes in useful where I have delivered a number of webinars and designed modules for Islamic Wills content for many leading legal training providers. Now I am a consultant solicitor for private client law firms in Hampshire and London where I bring my Shariah law expertise to support the legal industry in addition to a range of in-house legal services for businesses, charities and individuals through my own firm.
AH: What areas do you specialise in?
YH: “Much of my work is with both Muslim and non-Muslim people to help them draft their last Will and Testament with professional advice offering informed choices on the different types of estate planning, including putting in place Lasting Powers of Attorney as part of our early legal life planning initiatives.
“For Muslims, observance of the Islamic laws of inheritance are of great importance. For example, the Islamic law permits bequeathing a third of an estate to charity to leave a long-term benefit for others, which is divinely regarded as one of one three things that can benefit the deceased, whilst the Quran reminds us that charity starts with giving to your direct family where available. The charitable aspect could be funds to build a school or orphanage, water wells or to support a reputable charity engaged in such work for example. It is a Muslim’s last opportunity to make charitable compensation for actions during their lifetime. Such charitable contributions will help them reach paradise in the afterlife something they would have been trying to achieve through the pillars of faith during the lifetime.
“For Muslims, it is their duty to ‘not to let two nights pass without writing a Will’ and, I provide faith-based guidance about Shariah Wills, Shariah distribution and also advice about English law and its implications which need to be considered for those residing in the legal jurisdiction of England & Wales.
AH: Tell me about Shariah distribution?
YH: “In a Shariah Will (sometimes referred to as an Islamic Will), after charitable giving, the remaining distribution of assets are divided for the surviving family members according to the rules of succession set out in the Quran. This means family members should not be left to struggle and often this means there can be a bigger pool of beneficiaries than with a non-Shariah Will. For example, parents will be eligible to receive a fixed share of the estate and the spouse or married partner; all children and some wider family may also receive a share of wealth. It is very much dependent on who is alive and available to inherit when the deceased’s assets are ready for distribution.
AH: I know you are keen to raise awareness of some of the challenges – what are the common issues?
YH: “We are seeing some people use online templates to draft a Shariah Will or look for help at their Mosque to write a Will. However, this can cause challenges if the Will is not correctly drafted because although it ends up legally binding, the contents have not included relevant clauses to assist those left behind. At AL-HQ Law & More we work to raise awareness of the issues that incorrect Will writing can cause, which can include delays or incorrect distribution which would not honour the wishes of the testator. Much of this work is Pro Bono to support charities and we run workshops and a free online Will ‘health check’ review to help ensure Wills are fully Shariah compliant, and the testator’s wishes can be fulfilled to achieve the benefits in the afterlife and the estate is distributed properly. We also offer the paid for option of getting a professional Shariah Will drafted and stored with supporting evidence if required.
“Finding a Will can also be a challenge. Estatesearch offers a Will search service which we have found very helpful. However, some people are now also using their Mosque as a safe place to store a Will which can potentially make Wills difficult to locate. I think in 10-20 years’ time when we see more of the current older generation of the community pass away, we may find more issues where such Wills have been drafted incorrectly. These Wills may also difficult to find for the adult children left behind. Even where a Will is drafted with a law firm (instead of a DIY Will) that firm may close or merge and the best practice is to check in with your legal advisor every three to five years to ensure they have not been any changes to the law since you originally prepared your Will.
“We provide ethical, faith-based, transparent advice. Our goal is to ensure the testator’s wishes are honoured and this may be as simple as giving responsibility to a sole beneficiary to distribute the estate in accordance with the Shariah succession rules. However, often I am working with other law firms to advise them about what Shariah distribution looks like practically as the testator is no longer available to consult with. An online Islamic inheritance calculator can be a helpful starting point but may not be appropriate in all cases. For example, if mum is in a care home and dad has lost mental capacity, what is fair and just as an appropriate solution may be different for one family compared with another.”
AH: What else should be considered when drafting a Shariah Will?
YH: “When someone dies, there is much emotional suffering. It is important to avoid further anguish or any risk of litigation at a time which is already difficult for the family. I encourage clients to draft a letter of wishes or a supporting schedule, which helps their families with additional information when their loved one has passed to the other side.
“For those with South Asian backgrounds, where often gold is gifted during marriage or as lifetime gifts, I advise gold valuations so these can be itemised accurately in the Will also.
“It is positive that some legal firms now have an Islamic legal department to support the growing community needs. I advise and act as a consultant to several larger firms about Shariah distribution and how to support families. A Shariah Will helps avoid litigation as if there is no Will, share entitlement is not same as in English law. So, putting the provision in place officially stops any arguments before they begin.
“We also offer mediation and sometimes it is helpful for families to have someone independent and qualified to remind them of the five pillars of Islam and guide them through the mix of English and Shariah law to try and bring the case to conclusion as soon as possible, as any delays may mean missing out on tax benefits and increase avoidable costs or hardship.
“We encourage people to think about the law and their Will throughout their lives. Getting young people onboard to consider their charitable giving, family, property, pre-nuptial agreements, having children and any other activity that may impact or influence the distribution of their estate is important so everything is in order when the time comes.”
For further information about AL-HQ Law & More please see: https://www.alhqlaw.com/
Orginally published on Today’s Wills and Probate.