Q: My Father passed away recently and he did not have a will, he is succeeded by my mother, sister and my 3 brothers. He has said verbally what should happen to his estate but nothing in writing. Just wanted to know how do we sort out the estate?
A: The shares for the heirs of any estate have been determined by the shari`ah. In that regards you do not need to be concerned. However, if the deceased made a bequest (for some person who is a non-heir) then this is a totally different issue. A bequest in Islam is different to the winding of an estate.
And Allah Ta’ala (الله تعالى) knows best.
Answered by:
Mufti Ebrahim Salejee (Isipingo Beach)