Who should the recipients of my will be, and how much should they receive?
Question
Salam Alaikum, I am a single, employed female with a pension and no children. My next of kin are my parents and I have 2 brothers. I wish to write a will and I need to know to whom I must bequeath my possessions/money. Furthermore, in what proportions is the money to be distributed to the benefactors as stipulated in the Qur'an? Can I set aside a certain amount (i.e the lump-sum payout of my pension) that I may choose who to allocate it to at my discretion (as the payout does not really constitute my 'earnings')?
Answer
1. You should draw up your will to the effect that upon your death, after payment of debts, your estate be distributed according to Islamic law to the rightful heirs. You may also make a bequest not exceeding one third of your nett Estate and also the bequest cannot be in favour of your heirs. If a woman dies leaving behind parents and 2 brothers, her mother inherits one sixth of the estate whilst the father inherits the balance of the estate. The brothers in this case do not inherit anything. Therefore, you may bequeath one third of your estate to the brothers provided you are not pre-deceased by your father. In this case, another ruling applies. 2. Your pension pay-out also makes up part of your estate. Hence, the same rules will apply.
and Allah Ta'ala Knows Best
Mufti Muhammad Kadwa
FATWA DEPT.
CHECKED AND APPROVED CORRECT: Mufti Ebrahim Desai
- Answered by
- Mufti Muhammad Kadwa
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