(1) According to Shariah what portion of one’s total assets can be given through will (wasiat) to a person who is not his heir? In case, if he can do so, then whether the consent of other heirs is required for the same? (2) Is verbal wasiat valid according to Shariah? In case, it is valid, then whether the witness to the same are required? (3) A Muslim person during his lifetime has made a verbal wasiat in presence of 3 witnesses to give certain portion of his assets to a person who is his non-heir. Accordingly he has legally nominated that person (i.e. his non-heir) in those portions of his assets (i.e. his investments). Now the person dies leaving behind his legal heir as well as the person (non-heir) in whose favour he has made his wasiat as mentioned above. Now after his death, how his total assets will get distributed among the above mentioned parties?
Answer:
(Fatwa: 291/230/B=1433)
When he made a will verbally in the presence of witnesses and the witnesses are giving witness of the will then the will shall be valid, and it shall be applied in one third of the property. More than the one third property shall not be given. The remaining two third portions shall be divided among his legal heirs. The will is made only for non-heirs. The will is not valid for heirs. If someone made a will for a hier then it shall not be applied.
Allah (Subhana Wa Ta’ala) knows Best
Darul Ifta,
Darul Uloom Deoband