Q: I have a question in regards to writing a will. Once the shares have been allocated to the heirs, how is the remaining amount distributed?
الجواب حامدا ومصليا ومسلما ومنه الصدق والصواب
A: Upon ones death one has the option to bequeath up to one third of one’s exclusive estate after the expenses of last rites have been met. The remainder must be distributed amongst one’s heirs. If there is a surplus after the correct distribution amongst one’s heirs which should not include any agnates such as a son or a father, the surplus will be distributed amongst the heirs in proportion to their shares. If one has even one agnate amongst one’s heirs the agnate, or the nearest of them if there are more than one class, will take the surplus.