Q: My father passed away leaving behind: 5 Daughters 2 Sons and 1 late Son (with 2 children). On the day that my father passed away, he said to my brother in law: “If I die today then the Big Shop is for my eldest son, The small shop is for my other son, And my own house is for my grandsons, The other 5 shops are one for each of my daughters.” What does Shariyah Law say about the distribution of the heritance in this case? What is valid? Shariyah or Wassiyah?
A: A wasiyyat cannot be made in favour of any heir. His children are his heirs.
And Allah Ta’ala (الله تعالى) knows best.
Answered by:
Mufti Ebrahim Salejee (Isipingo Beach)