Q: My parents married out of community of property, but jointly owned a house. My mother passed away before my father. Mother left no will. My father made an Islamic will. He also typed on a separate letter that half of his share of the house goes to his divorced daughter after he passes away. He passed away leaving 5 children i.e 1 married son, 3 married daughters and 1 divorced daughter. Some are complaining that the separate letter defeats the Islamic object of the will. Please advise.
A: It is not right to make a bequest for an heir. The heirs i.e. the children etc. will receive their stipulated shares.
And Allah Ta’ala (الله تعالى) knows best.
Answered by:
Mufti Ebrahim Salejee (Isipingo Beach)