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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If the bequeathed money is not enough to fulfill the will every year, money should be gathered every two years to make up the difference

Wills
Impermissibility of including a bequest to someone who has a right, with the deceased in the one third

Wills
Ruling on and disposing of the money remaining from the one third

Wills
Paying one third of the money during one's life as an early bequest

Wills
Fulfilling the will from one third of the estate only even if the entire estate was bequeathed

Wills

One third of the inheritance includes everything left by the deceased, even the Diyah

Wills

It is not permissible to bequeath more than one third or to make a will for a legal heir

Wills

Obligation of fulfilling a will

Wills