Inheritance Query
Question
My late fathers’ estate needs to be dissolved. The amount is R350 000. He is survived by, my mother, four sisters and myself. Please provide the amounts for distribution.
Answer
According to the Islamic law of succession, the estate will be dissolved in the following manner:
a) The burial expenses will be paid from the estate.
b) Any debts incurred by the deceased which still remain outstanding, will be settled.
c) Any bequests made by the deceased will be settled from 1/3 of the remainder (i.e. the remainder after off–setting the debts and paying burial expenses).
d) The remainder will be distributed amongst the legal heirs according to the Quraan and Sunnah, as calculated below:
WIFE: 6 shares (12.5%) = R43 750
SON: 14 shares (29.17%) = R102 095
DAUGHTER 1: 7 shares (14.58%) = R 51 030
DAUGHTER 2: 7 shares (14.58%) = R 51 030
DAUGHTER : 7 shares (14.58%) = R 51 030
DAUGHTER 4: 7 shares (14.58%) = R 51 030
TOTAL: 48 shares (99.98%)
N.B. Due to the difficulty of rounding off, there is a remainder of 0.01%. This amount may be given in charity with the consent of all the heirs, or re-distributed according to the above percentages.
- Answered by
- Mufti Abdul Kader Fazlani
- Checked & approved by
- Mufti Yacoob Vally Saheb
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