Question : My children are young and I fear that they will not be able to handle my wealth after my death due to their immaturity. The oldest of my children is 22 years old. Is it permitted that after I die all my wealth is given to my wife?
Answer : The Sharia limits your discretion on the distribution of your wealth after your death to a third of your estate. If you stated in your will that all your money is to go to your wife, she will receive the third of the estate, and she will then receive her Sharia-defined share of the inheritance from the remaining two-thirds. In respect to the rest of the inheritance, she can only receive from it as much as the other heirs agree to pass over to her.
Question : Is a man allowed to will some amount of his property to relatives or any other person who according to Sharia would not receive anything otherwise? If yes, what is the maximum he can give to him?
Answer : It is permissible to will any amount without any limit to anybody. However, if the will is the third of the inherited wealth or less, it is implemented. If it is more than the third, then the excess of the third is not implemented without the permission of the inheritors.
Question : Insha'Allah I would like to write my will and I have some big issues. I have many years of missed prayers and fasting to make up and kaffars to pay and I have started making a list of how many I should perform and some extra in case. So, if I don't have enough money to leave behind to pay someone what do you think I should do?
I have friends but they have their own families and I don't know if they will have the spare time in the event of my death so what can I do? I am unmarried so don't have a husband who could take the responsibility.
Answer : A person should write his/her will and appoint a trusted person to implement it after his/her death. If there is nobody to depend on to be the guardian of the will, and then the person must seek the almighty lord’s forgiveness as He is the most merciful.