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Writing Will For Inheritance
As-salāmu ʿalaykum – ٱلسَّلَامُ عَلَيْكُمْ
My wife and myself own two properties jointly. We also have 2 sons and 2 daughters. Neither of us have parents – so the estate will needs to go to remaking spouse and children.
We are now drafting our Will for inheritance and would appreciate if you can clarify following two questions:
First, the solicitor has advised us the option of all our wealth/estate transferred/distributed to remaining spouse once one of us dies. Then on the death of second spouse (by then we will both be dead) the inheritance will be distributed among children as per Islamic guidance (boys get double the share than the daughters). This is the most tax efficient way but we are not sure if we are allowed to follow the option from Islamic perspective.
Second, one of our daughters is financially weak and is struggling to meet ends on her own whereas my other children are financially OK. Therefore we want her to inherit one property before the estate is divided among everyone. Do we need to give her (or transfer the ownership) of this property while we are alive as a gift or can we include this in the Will (that she gets the property after we are both passed away)? We wish her to inherit one property after we pass away and then also get her share of inheritance from what ever is left in our estate.
Please advise
May Allah reward you immensely جزاكم الله خيراً كثيراً all
Ahmad
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1 Reply
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Writing Will For Inheritance
updated 1 year, 5 months ago
2 Members
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Reply
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As-salāmu ʿalaykum,
Thank you for reaching out with your questions regarding the drafting of your Will. It’s commendable that you are considering both Islamic guidelines and the well-being of your family in this important matter.
Firstly, regarding the distribution of your estate, it is permissible in Islam for a will to state that the distribution of wealth should be halted until both spouses have passed away. The surviving spouse can indeed be the custodian of everything left. This approach is acceptable and does not contradict Islamic principles.
Secondly, as for the concern about your daughter, both options you mentioned are viable. There is no restriction in Islam against giving anything to anyone during your lifetime. Therefore, transferring the ownership of one property to your daughter as a gift while you are alive is perfectly permissible. Alternatively, you can also include in your Will that this particular daughter should inherit the specific property upon your passing. This can be done in addition to her receiving her share from the remainder of the estate.
Please also see our Inheritance Calculator here: https://ask.ghamidi.org/inheritance-calculator/
Best Regards.
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