Will: Islamic rulings regarding Will
Question: about my Will
Given my particular circumstances, I have a few questions about making a Will:
- Can we make Will in favour of our Grand children under guardian of their mother, instead of making Will in favour of sons?
- Can my married daughter and her kids will also get share in our assets - how much she will get?
- Can our daughter-in-laws also get share in our assets, though their children getting.
First of all please accept our apologies for the late response to your email.
You should know that you can give anything and any amount to anyone you wish to give during your life without any restriction, unless you are in the last moments of life and near death.
You may give anything you wish to your wife during your lifetime. This giving could be in the form of present or gift, or dowry, etc.
You may state in your Will that one third of your wealth and possession you leave behind is to be assigned to your grandchildren or their mothers or for your daughter or for any other charity project of your choice, etc. provided that the amount allocated does not exceed one third of the total. In this case the other two-thirds will be left for your three sons and one daughter and your wife, and should be distributed as follows:
One-eighth for the wife (the wife always receives one-eighth of what is left behind by the husband regardless of the number of sons and daughters one has);
The rest of the inheritance is divided between the sons and daughters of the deceased such that the male receives twice as much as the female. In your case, the remaining seven-eighths are divided as follows:
One-eighth for the one daughter;
Two-eighths for each of the three sons;
It is important for you to find someone you can trust to implement your Will such as a relative, a friend, or a lawyer, provided that he is a Mu'min, and that he would not be afraid of your sons to implement your Will.
I hope this has been useful and if you had any further questions please do not hesitate to contact us.
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