Inheritance

Q: My father left an agricultural land of 64 acres. We are 4 brothers, 8 sisters and a mother. How much acres will each brother and sister get and what is the share of the mother in acres?

Q: Rent received from a house left in inheritance, the inheritors are:
wife
three baaligh sons and
one na-baaligh daughter
...all are living together presently sharing in the household items and meals together.

1. Can this rent money be used to buy all the groceries monthly? Can it be used to pay water and electricity bill?

2. When the sons marry and live on their own... and if the wife is left with one baaligh son and the na-baaligh daughter, how will the rent money be used correctly to fulfill the rights of all the heirs properly?

3. Sassa money, social grant from the government for two children, one is baaligh and one is not baaligh... It comes under the mothers responsibility for the children... Is it sinful for the mother to use some money from there for the household needs like food or house-hold cleaning items like washing powder or detergents?

4. Money kept in Al barakah bank for two children, one baaligh and one not baaligh... On a three month investment account which has profits every three month...the money is kept there for safe-keeping as the children are still minor to handle their own money in saving it... Is it OK if it's kept in the bank and the time it's needed and withdrawn then the profits on the original amount be given as charity... or is it better to just withdraw the money and close the bank account?

Q: If a girl's father dies and then the property gets sold, and her father verbally, and signed to say that she should inherit the property and she should use her own discretion on how to split the money. Meaning her father has signed to leave it to her. In that case does the 2/3 and 1/3 apply?

Secondly, considering the business franchise and the actual property are two separate inheritance, say her father has R1 million debt when he dies, does that R1 million come from the business account/money or from the sale of the property? But emphasized is the fact that if it is signed and verbally said.

Q: I would like to ask about when a person dies and leaves behind inheritors: I have understood each inheritor gets part ownership in each item the person has left behind. Say for example that his spouse now owns 1/8 of every spoon, every chair etc he has left behind.

Rather than keeping shared ownership in everything, the inheritors will then generally agree to a distribution of the things amongst themselves. But if one inheritor is an underage child, who should accept the distribution on his behalf?

Also, the inheritors tend to agree to give certain things (such as clothes, books) in charity and throw away certain things that nobody wants. But a child cannot give his share away in charity. Does this mean that they would have to save all of these items until the child grows up before giving them away or throwing them away? Or is there any way around this?

Q: My husband passed away and we have been given the details of the inheritance which I have to the best of my knowledge and with what I have had in my control given to the inheritors. I have one question regarding his private pension, this was basically set up and usually the wife gets the payments if the husband passes away. Does this money then belong to just the wife or do I have to share it with all the inheritors? 

Q: My mother passed away and left a shariah will. I am one of the executors listed in her will. Since none if us have any experience on how to wind up an estate, please would you be able to provide a step by step guide as to what must be done in respect of an Islamic Will as well as the South African Law. We are hoping to do most of the work ourselves to keep legal costs low in sha Allah.

NB: We have her death certificate and will.

Q: My father passed away about 2 years ago. Following legal proceedings, his estate is almost wound up. His assets include cash, a Kruger Rand and a business that is still running. We would now like to distribute his remaining assets as per Islamic Law. He left behind his wife, 4 daughters, 1 son, and his mother. He also has 1 surviving brother and 5 sisters. Please advise on the following:

1. What fraction of the estate will each heir receive?

2. In terms of dividing the assets among the heirs: is each heir entitled to a share of the business? Or can some receive their share in cash whilst others receive a part of the business as their share?

3. If an heir who is entitled to a share of the business decides that she does not want her part of the business and would rather like to take her share of the business in monetary value, what value should be used to calculate how much she should be paid out? Should we use the current value of the business or the value of the business at the time of his death, in order to calculate the amount that she should be paid out?

NB: During these 2 years, whilst the estate was being wound up, my mother and brother have been running the business, for which they take a salary (like any other worker). Money from the business was also used for running my father's household (rent, etc.), as he would normally do whilst he was alive. The remaining profits generated during this time have remained in the business. (Please indicate if this has any bearing on the estate distribution.) 

Q:

1. What are the guidelines of Shari'ah one needs to keep in mind when distributing the inheritance of the deceased and is it compulsory for one to prepare an Islamic will in his lifetime?

2. If one did not prepare an Islamic will, then how will his inheritance be distributed among his heirs after his demise?

3. What should be included in the Islamic will?

4. Is it permissible for a person to bequeath wealth for an heir or a non-heir upon his demise?

5. How will the estate be distributed in the case where one has debts and one has also made a bequest for certain people? 

6. What types of bequests are permissible and impermissible in Shari’ah?

Q: I wish to form a family trust. What are the important aspects that I should keep in mind when forming the trust?

Similarly, can you explain to me the shar’ee ruling in regard to forming a family trust and who will be regarded as the owners of the wealth included in the trust?

Q: My mother got 100 sq yard property from inheritance from her father and remaining 800 sq yard property my maternal uncle took. Is it permissible for my mother to leave her 200 sq yard property share to my maternal uncle?