What are the Shar’i guidelines regarding bequests in a Will?

In Islamic law, a bequest (Wasiyyah) refers to a portion of a deceased person’s estate that they allocate, during their lifetime, to a specific individual or cause to be received after their death.

According to Sharīʿah, a bequest must not exceed one-third of the net estate—that is, the estate remaining after the payment of funeral expenses and the settlement of all debts.

Furthermore, a bequest cannot be made in favour of an individual who is already a rightful heir under Islamic inheritance laws, unless all other heirs consent to it. Should a bequest exceed the permitted one-third, it will only be valid to the extent approved by the heirs.

It is also impermissible to make a bequest that contravenes the principles of Islam. Any such request is considered null and void.

Reference: As-Sirājī fī al-Mīrāth, p.6; Radd al-Muḥtār (‘alā al-Durr al-Mukhtār), vol. 6, p. 648.

And Allah Ta’ala Knows Best