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Generic Will

Answered as per Hanafi Fiqh by CouncilofUlama.co.za

Q: I would like to draw up an Islamic will. My query is, is it Islamically permissible to draw up a generic will comprising of only percentages of share to the allowed recipients? The reason for this is to avoid:
1. The state overriding my Islamic obligation;
2. Redrafting a will very so often based on personal assets; and
3. Having many different wills which may cause confusion and, Allah forbid, family fued at the time of death.

A: The easiest is to fill in an Islamic will.The Islamic will states that your estate will be distributed according to the Islamic laws of inheritance. It will also allow you to make bequests upto one third for non heirs or any religious institute of your choice if you so wish.The problem you may face by allotting percentages to heirs now is that if any of them passes away before you, then the whole distribution will change.

This answer was collected from CouncilofUlama.co.za, which is operated under the supervision of Council of Ulama Eastern Cape, South Africa.

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