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Fatwa CenterWants to make a will preventing his parents from inheritance
Question
Dear scholars. Assalamualaikum. Can a Muslim [no wife, 1 son, 1 sister, 1 brother, parents, 8 nephews (* of which, 2 are adopted) & nieces, 1 long-serving maid] will his money / property as follows;
a. To orphanage.
b. Maid ($X sum for every year under his employment);
c. Remaining balance $ (minus $X) to be equally / proportionately distributed to son, nephews (2 adopted*) and nieces;
Parents - none, since they are financially secure.
Appreciate reply.
aks
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His Slave and Messenger.
It is permissible for this person to assign a part of his estate for the orphanage, a second part for the maid and a third part for his brothers and sisters as well as their children provided that the total amount of these parts do not exceed one third of the estate. If they are more than a third, only the third is approved and the extra amount does not become effective unless the other heirs agree to it. For an heir's consent to be valid and accepted, it is a condition that he is an adult person who has a sound reasoning.
On the other hand, this person’s will to prevent his parents from inheritance because they are rich is invalid. If he indeed made such a will, it is void and they are entitled to inheritance.
The two adopted persons are not entitled to shares in inheritance. However, if he wants to include them in his will, this is permissible provided that this is included in the third of his estate.
Consequently, the will as it is stated in the question is invalid, because it assigns more than the third of the estate for those who are not entitled to his inheritance and prevents the parents from their right in inheritance.
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