Inheritance

Q: I want to find out about inheritance on a will. I am married Islamically and had to get court married due to my work (company benefits). I am drafting a will and wanted to find out. I purchased a house before marriage, is it permissible to state on the will the house is half mines and half my wife's. And what are the inheritance percentages for my mother my brother and 2 sisters. I only have my wife and daughter that inherit from me as well. Can the percentages be given for all.

A: If it is done in order to avoid some legal problem while you retain ownership then it is permissible. However, doing it as a bequest for her to become the owner of half the house on your demise is incorrect.

If you are survived by your wife, one daughter, mother, one brother and two sisters then your estate will be divided into 96 equal shares and distributed as follows:

Wife will receive 12 shares

Mother will receive 16 shares

Daughter will receive 48 shares

Brother will receive 10 shares

Each sister will receive 5 shares

And Allah Ta'ala (الله تعالى) knows best.

 

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)

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