“Up to one third” and “one third” in Will
A person passed away and his Will (Waṣiyyah) includes a section on giving some money in charity. The section heading is “Up to one third allocation” and underneath this section, the following is written “One third of my wealth should be given in charity.”
In this scenario, will one third be given in charity or will the title “Up to one third” be taken and the amount left to the discretion of the heirs or the executors of the Will?
بسم الله الرحمن الرحیم
One third (after deducting funeral costs and debts) will be given in charity because this is explicitly mentioned in the text of the Will. As far as the title is concerned, this is found in many Will templates because one is allowed to make bequests in up to one third of his assets for non-heirs. Therefore, whatever amounts or percentages are specified under this section, these will be taken.
Allah knows best
28 Rajab 1442 / 12 March 2021
Approved by: Mufti Shabbir Ahmed and Mufti Muhammad Tahir