Wasiyyah (Bequests)

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.

Q: If a man said in his will that his 1 daughter must live in his house and give the rent to his other daughter, who is a widow and the other heirs agreed to it, is it permissible?

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.

Q: If a widow with several sons (no daughters) passes away and she previously made a verbal request in the presence of all her sons that her estate (only money) should be divided unequally between them (she specified how much each should receive), should this be obeyed or should the estate be distributed equally among the sons?

Q: I have two brothers and a sister and there is inheritance from my mums house to be distributed. My mother mentioned before passing away that we split the inheritance equally. If we all decide to split the inheritance equally is this fine or do we have to do it according to Sharia where my sister gets 1 third and each of us 2.

Q: I live in the UK. Is it permissible for me to do wasiyya of 20% of my wealth to non-Muslims in the UK when I pass away?

Q: In the last will and testament of the deceased, it is instructed that the whole balance on one of the bank accounts of the deceased be deemed undischarged Zakaat and the whole balance on another bank account be deemed interest received and the two balances be disposed with in accordance with Shariah. Would the deceased’s instructions be tantamount to a bequest and consequently can only be limited to one-third of the gross value of the estate and, if so, what, if the total of the two balances and other bequests made exceed one-third? Please clarify.

Q: I have been adopted by my maternal aunt as my mother died seven days after my birth. I inherited property (first order inheritance) and nothing from my own father side. Now that I am married and have two daughters elder one being married and younger one still studying. Can I make a will for the distribution of this property between my wife and the two daughters after my death?

Q: A mother who has a son and a daughter has made her jewellery into two parcels and put the name of the daughter on one parcel and the name of the son on one parcel. Without the knowledge of the son, she gave the daughter to keep both parcels in her safe and said when she passes away she doesn't want fighting, therefore she has done this. What is the law regarding this jewellery presently and what are the repercussions at the time of the mother's death. The father is alive presently.

Q: My father passed away recently. We are 7 siblings and 1 half sibling from my dad's previous marriage. My dad had bequeathed verbally that his car should be sold and the money should be used in building a musjid. My dad also bequeathed verbally that he has 50000 rands aside for his two daughters marriages and this money should be split between the two. My dad had income coming in from a rental property as well. And finally he has a paid house that my brother contributed to it. How is all this distributed? Can the verbal bequeath be accepted? Do gifts / bequeaths have to be only from his 1/3 of the total property? Is gifts and bequeaths separate? Do we have to first to subtract all the funeral expenses,debts fidya then distribute? I understand this should be done from the 1/3. Is this correct? How is the rental property going to be distributed?