Inheritance

The law of Shari'ah regarding inheritance, wasiyyats (bequests) and Islamic wills

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?

Family Trusts

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?

Renting out one's late father's house

Q: We are in the process of selling my late fathers house. We are 4 brothers and 3 sisters. We are aware what the split is under Islamic shariah law. The question is this:

The house is on the market but is not selling as the market in the UK is very volatile. I have been advised that as it’s inheritance, the house needs to be sold and each person should be given their shares. One or two brothers and sisters have indicated that we should rent the house until the market picks up. I object to this on the term that it’s inheritance and needs to be disposed of ASAP and to leave it empty and on the market until it gets sold.

Can you give me some guidance on this. There is no loan on the house and my late father was free of any debts.

Making a bequest for one's daughter in law

Q: My question to you is:

Notes to the question,

• I have two brothers and 1 sister (we in total are 4)

• Gold worth $2000.

• Written and signed on a piece of paper in presence of 2 witness (my wife's mom and I)

• No objections by brothers and sister.

Before my mom passed away, she wrote on a piece of paper that the gold worth $2000 should go to my wife when she dies (My wife's mother and I were the witness). None of my siblings knew about this and got to know after the death of my mother and haven't raised an objection. My mom gave my wife the gold because she made lot khidmat of her. What's the Islamic ruling on this? 

Inheritance

Q: My sister lost her husband and she has two kids viz 7 ear old son and 11 year daughter. The husband left behind his business and two buildings; one residential and one commercial where the business is running. However, these two buildings have been orally given to him by his father. There is no written proof of transfer. The father of the deceased is alive and has huge property. He has another son who has some psychological problem hence unable to make any decision.

We have temporarily transferred the business in the name of the children under the guardianship of the mother so that no one can cause any harm to the business.

My question is how will the law of inheritance apply in this case?