Anyone can make a claim on your estate if it can be shown at time of your death that you did not make ‘reasonable provision’ for them which is something that is assessed on a case-by-case basis, with no hard and fast rule.
This the case whether that is a Sharia Compliant Will or whether a Will based on UK law.
There are a number of different factors that are taken into account often initially by Solicitors to determine what was/ would not have been reasonable provision for a person making a claim, with cases being referred to Court where the parties themselves (personal representatives on behalf of the person who has died/ the deceased’) representing the estate, cannot reach agreement between themselves even with the advice and guidance of a Solicitor acting on their behalf.
When a Will is being prepared, a Will writer must always also assess the reasonableness of the Will being created. If it is felt that a claim could potentially arise against the estate on death, then the Will writer will advise you of this, ask for certain circumstances/ reasons to be explained and explored and potentially advise you to do something different.
It may also be appropriate for you to prepare what is known as a ‘letter of wishes’ addressed to your Executors to potentially be read alongside your Will to explain any reasoning.
It is important to understand that this of course cannot guarantee a claim will not be made against your estate on death but at least gives you the opportunity to explain any decision made in your Will and ensure the Court is aware of any relevant context in them assessing any claim. It provides you with a voice 'post death'.
Under the Inheritance (Provision for Family and Dependants) Act 1975 the class of person/s that generally have a right to apply under the Act and to issue a claim that reasonable financial provision was not made are:
Any partner of yours, married, civil partnership, or cohabiting;
Any former wife/ husband or civil partner provided he or she has not remarried or has entered a subsequent civil partnership. This is not necessarily clear cut and it is also relevant whether there has at any time been an order of the Court which may have barred any claim;
Any living children of yours;
Any person not being your own child who in the case of any marriage who was treated by you as a child of the family in relation to that marriage;
Any other person who immediately prior to your death was being maintained financially wholly or in part by you.
So, what is important is to understand that you must always give your Will writer full and frank financial and family disclosure when instructing them to make a Will. They will then need to assess the reasonableness of what you wish to do and advise you accordingly. Without this advice and opportunity to give this advice, any Will you do create could potentially be challenged and set aside and result in a situation where the intestacy rules are implemented. These are explored in a different article and will not necessarily provide for what you would intend and may also conflict with the principles and guidance as set out in the Quran.