Inheritance

22 Feb 2023 Ref-No#: 4628

اَلسَّلاَ مُ عَلَيْكُمْ وَرَحْمَةُ اللهِ وَبَرَكَا تُهُ

Hope you are well Mufti

We require assistance with regards to inheritance.

A woman had 5 children. 2 sons and 3 daughters. Her husband, 1 son and 1 daughter passed away while she was alive.
Could you please assist in letting us know how her estate will be distributed?
Will the children of the deceased son and daughter inherit?
Is it permissible once each share has been determined for the executor to invest that money and give an heir an x amount monthly as there is fear that the lump sum of money will be wasted by them?

Jazak Allah

Answer

In the Name of Allah, the Most Gracious, the Most Merciful.

 

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

 

 

Alhamdulilah, all is well. May Allah bless you with His infinite blessings.

 

According to the Shariah Laws of Inheritance and Succession; distribution of an estate commences after the funeral expenses, debts (including legal costs) and bequests (if any) made to non-heirs, not exceeding one-third of the estate are sorted. Thereafter, all assets, small and big form part of the net estate and will have to be distributed according to the Islamic Laws of Succession and Inheritance

 

The questions to your answers are as follows:

 

1: In the enquired situation, if the deceased’s parents are dead, the estate will be divided in four parts. Two parts will go to the son and one part each to each daughters.

 

2: In the presence of children, grandchildren do not inherit automatically rather Islam encourages one to make a will in one third of your estate to be given to deserving non-heirs. If the deceased has made a bequest in favour of the grandchildren in one third of her estate. It will be given to them.

 

3: Minors and in capable should not be entrusted with their property untill they are trained to discern and decide and these abilities build up or until they are 25 years old.

 

In the meantime, their wealth must be protected from misuse or extravagance.

 

 

 

And Allah Ta’āla Knows Best

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