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A trust-based Islamic Will is one way to arrange an estate. It may be worth considering where a family needs flexibility, ongoing management or support for particular beneficiaries. It will not suit every family.
For families in Maidstone and across Kent, start by considering your family circumstances and the Islamic principles you want your Will to reflect. You should also identify any legal or tax issues that need specific advice.
What is a trust-based Islamic Will?
A trust can be created by a Will. Under a trust, trustees hold and manage assets for the benefit of one or more beneficiaries. The trust terms determine what the trustees can do and when beneficiaries can receive income or capital. Different types of trust have different tax consequences, so the wording and structure matter.
1. Flexibility where future circumstances are uncertain
Subject to the trust terms, a discretionary trust can allow trustees to decide how to use trust income and, in some cases, capital. This may be helpful when it is impossible to know precisely which beneficiaries will survive you or what their needs will be at the time.
The Will or trust deed must define that flexibility carefully. Trustees must follow its terms; they cannot act on unrestricted personal preference.
2. Ongoing management for children or vulnerable beneficiaries
Trustees may manage assets for a beneficiary who is too young, or who cannot manage money themselves. The type of trust and the beneficiary’s rights both matter. For example, a bare trust gives an adult beneficiary rights to capital and income. A discretionary trust may give trustees a wider decision-making role.
If this is a concern for your family, obtain advice tailored to the beneficiary’s circumstances and the terms you intend to use.
3. A structured way to protect and control family assets
A trust may help you define who is responsible for managing assets, who may benefit, and the conditions under which distributions can be made. The trustees are the legal owners of the trust assets and have a duty to administer them in line with the trust terms.
A trust does not guarantee protection from every future claim, divorce settlement or assessment. The outcome depends on the facts, the trust wording and the applicable law. Do not establish a trust purely to avoid care fees: the Law Society notes that a local authority may challenge an arrangement if avoiding care costs was the main reason.
4. An opportunity to plan for long-term family needs
You may consider a trust as part of longer-term estate planning, particularly if family circumstances may change. However, it should not be described as automatically tax-efficient. Trusts can have their own Inheritance Tax consequences. Depending on the trust, charges may arise at ten-year anniversaries or when assets leave the trust.
A trust-based Will can be valuable in the right circumstances. Take appropriate legal and tax advice before choosing or designing one.
Is a Trust-Based Islamic Will Right for You?
Consider discussing a trust-based Islamic Will if you need flexible provision for changing beneficiaries, support for a young or vulnerable beneficiary, or ongoing management of family assets.
If you are starting from the basics, read 5 Reasons Every Muslim Should Make an Islamic Will. To discuss the available Islamic Will options for your own circumstances, contact Qadar Wills.
For Muslim families in Maidstone and across Kent, Qadar Wills can discuss the available options and arrange a home visit where appropriate. Contact Qadar Wills to discuss a Kent home visit.
Last reviewed: 10 August 2026 by Russell Ali