Question ID: 34822
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Assalamu alaikum

Can you please assist me with the following:

My Dad passed away and left behind an Islamic Will in which he made a Wassiyat that we should discharge 1/3 of the inheritance towards settling his religious liabilities. (For information his religious liabilities exceeds the 1/3 amount)

Can you please advise me on the following

1. Must the legal costs associated with winding up of the estate be deducted (first) as an expense and we then calculate the 1/3 or not?

2. Once we have determined the 1/3 portion of the Wassiyat for discharge of his religious obligations can this amount be split between the 4 heirs to discharge individually by each of them?

3. Should the heirs be able to do this (question 2 above), in what % proportion.

This is the context: We are 4 heirs. 3 x Brothers and 1 x Sister. My mother pre-deceased my dad 6 years ago. The Estate has no liquid cash available as it is all tied up in the Estate

a. Can we split the Wassiyat in 4 equal parts / percentage (25%) and each heir then discharges that portion/amount of the Wassiyat on his/her own. This means each heir gets an equal amount of the Wassiyat added to their percentage share of the inheritance for discharge of that amount individually; or

b. Can we split the Wassiyat in 3 equal parts / percentages (33.33%) as the 3 Brothers are the Executors and they then discharge individually there portion of the Wassiyat. In this case the Sister does not get any extra amount added to her percentage share of the inheritance; or

c. Should we split the Wassiyat in terms of the percentage / share that each will get in terms of the Shariah ruling of inheritance i.e. 3 x brothers each get 2 shares each and Sister gets 1 share. Each then discharges that amount individually on their own. That amount will be added to their percentage / share of the inheritance .

4. In the decision of the distribution of the estate must there be a collective decision between all the heirs (4 off) or only the Executors (3 off)

5. Should a “deadlock” arise in any matter, is it the Executors role to make a decision or can a “majority” view apply. This would be subject to the Shariah requirements not being compromised.

I would most sincerely appreciate your response to assist us in navigating through these issues

Was-salaam and Shukran

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Asked on January 22, 2018 2:47 pm
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Private answer

1) Yes.
2) Take if off the estate first.
3) N/A
3a) See (1)
3b) See (1)
3c) See (1)
4) As per Sharia law of distribution.
5) Follow Shariat ruling not ‘majority’ view.

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Answered on January 28, 2018 8:04 pm