Question about will and inheritance
Question
I am writing this letter because we are organising my and mum and dad’s will and need some clarification, so we can do things correctly according to Islamic law. My brother passed away six years ago and we need to know what his two children, a boy and a girl are entitled to. We are five sisters so we also need to know what our entitlement is. Once the grandchildren get their share, is the rest going to be shared equally for us sisters? This is in reference to the property they reside in.
بسم الله الرحمن الرحیم
Answer
When a person passes away, their wealth is subject to inheritance. The will should therefore first specify who owns the property and the percentage of ownership if it is owned by more than one person. For example, if 50% of the property belongs to your father, and he passes away first, the 50% of the property will be subject to inheritance. The first and necessary thing therefore is to ensure that the family is clear about who owns what and the percentage of ownership. Other assets of a person should also be clarified.
Thereafter, if your father passes away first and leaves behind your mother, five daughters, a grandson and granddaughter (both from the deceased son), the inheritance (his share of the property and his other assets) will be distributed as follows:
- Wife – 45/360 (12.5%)
- Each of five daughters – 48/360 (13.33%)
- Grandson – 50/360 (13.89%)
- Granddaughter – 25/360 (6.94%)
If the wife (your mother) already owns a share in the property, the 12.5% of the deceased’s (your father) share will be added to her share of ownership.
On the other hand, if your mother passes away first and leaves behind your father, five daughters, a grandson and granddaughter (both from the deceased son), the inheritance (her share of the property and her other assets) will be distributed as follows:
- Husband – 45/180 (25%)
- Each of five daughters – 24/180 (13.33%)
- Grandson – 10/180 (5.56%)
- Granddaughter – 5/180 (2.78%)
Once the second parent passes away and leave behind the aforementioned people, their inheritance will be distributed as follows:
- Each of five daughters – 6/45 (13.33%)
- Grandson – 10/45 (22.22%)
- Granddaughter – 5/45 (11.11%)
It should be noted that the calculations will change if one of the daughters or grandchildren pass away before one or more of your parents. It is therefore important for the will to specify that the inheritance must be distributed according to Islamic law based on the heirs at the point of death.
It should also be noted that the fractions are accurate, the percentages have been rounded off.
Allah knows best
Yusuf Shabbir
29 Muḥarram 1446 / 4 August 2024
Approved by: Mufti Shabbir Ahmed and Mufti Muhammad Tahir
