Permissibility of bequeathing one third to a non-heir

Q 1: A lonely and old woman owns a house and she wants to bequeath it to the sons of her maternal brother, bearing in mind (Part No. 16; Page No. 307) that she has paternal brothers. Who are most entitled to this bequest? Please advise, may Allah reward you!


A: It is permissible to bequeath to a non-inheritor up to one-third of one's wealth. If a will specifies more than this portion, the matter should be referred to the competent inheritors because it will be taken from their shares. If they agree, this is all right; if not, it should not be executed. May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.

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Tags:

Bequeathing to disinherit some of his sons

Wills
Putting the one third in a profit yielding building and offering the sacrifice from its returns

Wills
A trustee paying the value of bequest if they did not fulfill the will

Wills
Obligation of paying the money given away before death to build a Masjid from the one third of inheritance

Wills
Spending the rest of the house's returns after fulfilling the will

Wills

Putting the one third in a building and spending from its returns

Wills

Bequeathing the performance of Hajj on behalf of her father and her son performing Hajj from her own money

Wills

Regaining money from the heirs after its distribution if a will is found

Wills