Old inheritance case
Question
My husband passed away in July 2011, leaving behind our three daughters and myself. At the time of his death, three full brothers and three full sisters of his were also alive. His parents were not alive.
My husband and I bought the house on mortgage in 2006 for £152,000. We were shared owners of the property and we regarded the house as ours in equal proportion. When my husband passed away, £52,000 was paid off. My husband paid £26,000 and I paid £26,000. My husband had £6000 in his bank account when he passed away. After his demise, I paid the remainder £100,000. My question is that are my husband’s brothers and sisters entitled to any inheritance and if so, how much? Also, as the inheritance was not distributed at the time, will the inheritance be calculated based on his £26,000 contribution or today’s value of the property? Today’s value is in the region of half a million pounds.
بسم الله الرحمن الرحیم
Answer
1) When the deceased passed away, he owned £6,000 in his bank account and 26/152 (17.11%) of the property. Therefore, this will be subject to inheritance. As the inheritance was not distributed at the time, the heirs continue to own a share in the property and therefore the inheritance will be calculated on today’s value.
2) The deceased’s £6000, 17.11% of the property value and any other assets will be distributed according to the following:
Wife – 27/216 (1/8th – 12.5%)
Each of the 3 daughters – 48/216 (2/9th – 22.22%)
Each of the 3 brothers – 10/216 (4.63%)
Each of the 3 sisters – 5/216 (2.315%)
Allah knows best
Yusuf Shabbir
10 Ramadan 1441 / 3 May 2020
Approved by: Mufti Shabbir Ahmad and Mufti Muhammad Tahir