Mufti Online — Madrasah Ta'leemuddeen

Winding up an Estate

· 9 Jumada I 1438 AH1 min readEnglish

Question

My Father passed away recently and he did not have a will, he is succeeded by my mother, sister and my 3 brothers. He has said verbally what should happen to his estate but nothing in writing. Just wanted to know how do we sort out the estate?

Answer

The shares for the heirs of any estate have been determined by the shari`ah. In that regards you do not need to be concerned. However, if the deceased made a bequest (for some person who is a non-heir) then this is a totally different issue. A bequest in Islam is different to the winding of an estate.

And Allah Ta'ala (الله تعالى) knows best.

Answered by
Mufti Ebrahim Salejee (Isipingo Beach)
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Source: Mufti Online — Madrasah Ta'leemuddeen — https://muftionline.co.za/node/18149
Fatawa SA: https://fatawa.co.za/fatwa/muftionline-18149

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