Bequeathing one’s wealth

What is the ruling regarding wasiyyah (bequeathing one’s wealth)?  What is the proper way of doing it?

 بسم الله الرحمن الرحيم

الجواب حامدا ومصليا ومسلما

Wasiyya (making a bequest) means to specify a portion of one’s wealth to be spent in a certain cause or given to certain individuals after one’s death. Wasiyya is permitted in up to one-third of one’s total assets. The remaining amount will then be distributed amongst the heirs designated by Shari’ah. Regarding wasiyya, the following guidelines should be kept in mind:

1. Wasiyya cannot be made for any designated heirs who will already be receiving a portion of the inheritance. If any such wasiyya is made, it will only be executed if the remaining heirs agree.

1.  Outstanding debts owed to any person must be paid regardless if wasiyya was made or not. Such debts would also not be limited to one-third of the total assets. Rather, even if all of the assets must be used to pay off the outstanding debts, the debts would be paid off. However, it is encouraged to document any outstanding debts in one’s wasiyya so the heirs may pay them off easily after one’s death.

1.  Any outstanding zakah, sadaqah al-fitr, hajj, etc. (i.e any outstanding Islamic debts) should be documented in one’s wasiyya. Such debts would be limited to the one-third limit stipulated in wasiyya. If such debts exceed the one-third limit, the heirs may pay them off on their behalf if they wish.

1. In situations where there is fear that the inheritance may not be distributed in accordance to Islamic guidelines, one should also document in their wasiyya that their wealth should be distributed in accordance to Islamic guidelines.

والله اعلم

Allah Knows best.

Approved by: Mufti Husain Ahmad Madani