The client is domiciled in the UK and always has been. All assets are UK based. They have 1 son and 1 daughter and have explained that Sharia Law means the split must be 2/3 to the son and 1/3 to the daughter. They do not wish to do this and want a 50/50 split between son and daughter. I wonder if there are legal ramifications to doing this? Will the Sharia element be considered by a judge if the son were to bring a 1975 Act claim? What would the English courts’ view be on this if the son claimed he was disinherited?
Did you mean to say they are domiciled somewhere else?
If Sharia applied as a result of the domicile of the deceased, and Sharia succession rules applied after the application of private international law (renvoi etc), the English Courts would apply it to the succession of moveables within the UK. The son would have a right to the relevant share - it would be a Part 8 claim to confirm his entitlement rather than a 1975 Act claim.
It is a question of domicile. The English courts will not apply foreign succession law in relation to the UK assets of an English-domiciled deceased.
I doubt Sharia law would have any significant impact on 1975 proceedings
My very limited understanding of the rules governing the differential between sons and daughters under Shari’ah is that under Shari’ah the son(s) take(s) over financial responsibility for the widow on the father’s death. Whilst in the last resort it is unlikely that the UK courts would be persuaded to take that supplement into account when addressing a 1975 Act claim, as the widow and daughter would also be heard, the issue should not be entirely discounted as there may be an (irrelevant?) argument that the imbalance is an alternative support mechanism for the widow albeit outside the 1975 Act. A “curved ball” claim by the Son against the Executor/PR asserting a religious override could however place a blockage on the administration of the estate despite Shariah not applying under the deceased’s domicile, English law generally nor under the will.