Wasiyyah (Bequests)

Making a bequest to give all one's wealth in charity

Q:

1. My grandmother passed away last week. Before she passed away, her will was to give her savings (money) to charity. However my grandmother has 3 daughters and my grandfathe... My mother is the eldest of the daughters, however she is not psychologically sane and my grandfather has dementia. How do we distribute it?

2. Do we divide it amongst the daughters and ask them if they want to give it to charity if they don't need it or do we just give the whole amount to a charity organisation? 

3. If we have to give it to the daughters and my grandfather, what do I do in the case of my mother and grandfather as they not psychologically sane. Does the grandkids get the amount as well?

Making wasiyyat for one's jewellery to be donated to a musjid

Q: An old lady died. Before her death she said that all her gold ornaments should be given to a mosque. She has one elder and one younger brother. She used to take care of them. Now her brother and sister is financially suffering. The sister is a widow and 85 years old with no child and the brother is 70 years old with 3 daughters. Can her brother and sister take some amount of the jewellery for their living and medical expenses. How much can they take?

Bequest of a non-Muslim

Q: I would like to know the ruling on wills from non-Muslim parents. I understand that one cannot recieve any money or possessions stipulated in the wills of non-Muslim parents unless it is less than 1/3, but if the will stipulated that the living parent gives the money or possessions throughout the life until it is paid is that permissible?

Bequest for heirs

Q: We are in the process of winding up my father's estate, who passed away a couple of years ago, and are unclear on a specific scenario we have picked up.

My father had a number of investment policies which were registered under his name but, as required with most investments, had listed certain individuals as beneficiaries in the event of his death. The beneficiaries he listed were his wife and some of his children (so the people that naturally would qualify to inherit from his estate in any case).

The question I have around this is, according to Islamic law, should the person listed on the investment as beneficiary inherit the payout or should the investment be included in the estate and the total from the estate be distributed according to the Islamic law of succession and inheritance?

I hope I have provided sufficient detail to enable you to make an informed decision.

Bequest for a property to be given to someone after one's death

Q: "A" nominated the name of "BC" in immovable property during his life time at the society records, stating that after his death "BC" will be the owner of the immovable property, in the presence of his other legal heirs/family members and the other legal heirs knows the same, thereafter "A" died, whether the nominees "BC" will be the sole co-owners of the said immovable property or other legal heirs of the deceased will have right over the said property, as per Islam, Please answer.