Q: A man passes away leaving a wife and three children. The process of sorting out his estate takes 2-3 years in which time the family does not know exactly how much has been left behind and therefore they don’t know how much the are entitled to. Eventually the funds are received by the respective […]
Read more...Tag: Inheritance Fatwā
Is it permissible to write a conventional Will only?
Question: A family member wishes to make a conventional will only. They wish to gift their property to their wife and seven children, but, to be distributed in accordance with Shari’ah. Is this permissible? الجوابحامداومصلياومسلماومنهالصدقوالصواب A: There are set rules in Islam as to the rights and responsibilities that relate to the testators […]
Read more...I wish for my shares and ISA’s to be passed directly to my wife after death. How do I incorporate this in to my will?
Q: I wish for my shares and ISA’s to be passed directly to my wife after death. How do I incorporate this in to my will? الجواب حامدا ومصليا ومسلما ومنه الصدق والصواب A: When an individual passes away there are two ways that, after meeting debts and expenses of the final rites, ownership of his residual […]
Read more...What does one do If they can’t find a trustworthy executor for their wills?
Q: What does one do If they can’t find a trustworthy executor for their wills? الجواب حامدا ومصليا ومسلما ومنه الصدق والصواب A: One should seek to employ the services of a competent solicitor who will undoubtedly be regulated by his/her professional body.
Read more...Should one list items which they anticipate receiving but have not yet got ownership of in their will, under ‘assets’
Q: Should one list items which they anticipate receiving but have not yet got ownership of in their will, under ‘assets’? الجواب حامدا ومصليا ومسلما ومنه الصدق والصواب A: One may list them as potentially receivable assets but not as current assets. Once ownership is secured, one may update one’s will.
Read more...What is the Islamic stance on joint tenancy ownership of a property
Q: Are the joint tenancy laws of England (whereby one tenant inherits the other’s share directly on death) valid in Islamic law? What happens if I share a property with my mother- on her passing does her share come to me automatically or do my siblings then gain a share islamically? الجواب حامدا ومصليا ومسلما […]
Read more...If a deceased revert leaves a non-Muslim wife and a small baby, is the baby considered Muslim and therefore does he/she inherit?
Q: If a deceased revert leaves a non-Muslim wife and a small baby, is the baby considered Muslim and therefore does he/she inherit? الجواب حامدا ومصليا ومسلما ومنه الصدق والصواب A: If the deceased revert is survived by a non-Muslim wife and a minor child, the child will be considered Muslim and will inherit from the […]
Read more...What happens to the wealth of a revert if they leave no Muslim inheritors?
Q: What happens to the wealth of a revert if they leave no Muslim inheritors? الجواب حامدا ومصليا ومسلما ومنه الصدق والصواب A: A revert who leaves no Muslim inheritors may bequeath up to one third of his/her residual estate to non-Muslim relatives and friends etc. Under an Islamic system, the remaining two thirds […]
Read more...If the wife was made the sole beneficiary of a will in exclusion of the children, and she received the entire estate – wrongly benefiting thereof for several years, is she now required to redistribute it according to Sharī’ah given that she has learnt of her error?
Q: If the wife was made the sole beneficiary of a will in exclusion of the children, and she received the entire estate – wrongly benefiting thereof for several years, is she now required to redistribute it according to Sharī’ah given that she has learnt of her error? الجواب حامدا ومصليا ومسلما ومنه الصدق والصواب […]
Read more...Can one bequeath their house to a child or grandchild of theirs?
Q: Can one bequeath their house to a child or grandchild of theirs? الجواب حامدا ومصليا ومسلما ومنه الصدق والصواب A: The lady is entitled to bequeath up to one third of her estate. However, she cannot bequeath to anyone who is already an heir. As her daughter is an heir she cannot be the […]
Read more...My father has refused to keep in touch with me since young and I have had two stepfathers since the divorce of my mother and father, who is eligible for a share in my inheritance?
Q: My father has refused to keep in touch with me since young and I have had two stepfathers since the divorce of my mother and father, who is eligible for a share in my inheritance? الجواب حامدا ومصليا ومنه الصدق والصواب A: If you have no siblings then your father is currently entitled to two […]
Read more...Can I inherit from a non-Muslim?
Q: Can I inherit from a non-Muslim? الجواب حامدًا و مصليًا و منه الصدق و الصواب A: There are principally two types of laws that relate to the estate of a propositus, viz. the laws of inheritance and the laws of bequests. According to the laws of inheritance non-Muslim heirs of a Muslim propositus will […]
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