I live in Canada. As per Canadian law my wife is the owner of 50% of what I own. I have my house for which I have loan of about 90% of the value. In case of my death (By law) my wife will get my Assets and liabilities. I have 5 sisters. All are married. My parents are alive Alhumdulilah. They have their own house. I also have a son. My question is: what should be my will ( Waseyyah). in case of my death, how much % of property will go to whom. and what should be the distribution of wealth of my wife in case of her death.
It is of utmost importance to know that community of Property is not Shari’ah compliant. Islamicaly, what belongs to the husband is his and what belongs to the wife is hers. There is no inheritance for your sisters since your parents are alive ad you cannot make a bequest for your heirs.
In answer to your dilemma, firstly, you should rewrite your will stating that your inheritance should be distributed according to the Islamic Laws of Succession and Inheritance. Secondly, you should endervour to register your marriage according to the Ante-Nuptial Contract without the accrual system. Such a contract is Shari’ah compliant and will enable each party to be the sole owner of his or her property.
and Allah Ta’ala Knows Best
Mufti Ebrahim Desai