Answered by Mufti Mohamed Umer Ibrahim
With one child as a sole heir, is it still permissible to endow gifts to family and friends in your will or is the entire estate the right of the child alone?
Wa alaikum assalam
If the child is in reality the only heir as mentioned in the question, then if he is a boy, he will be entitled to the entire estate by default after covering funeral costs and paying off debts. However, a will may be bequeathed for upto 1/3 of the remaining estate after covering the abovementioned two expenses. Within 1/3 one may only bequeath for a non heir and must be done in a permissible manner only.
If the child is a girl, by default then she will be entitled to half the estate after covering funeral costs and debts, Thereafter, the asabaat if any will take the remaining whichever one is closer in relation to the deceased. In the absence of any asabaat, then the Ashabul Arham will take the remaining whichever one is closer. And in the absence of any of the ashabul arham, the remaining will go back to the daughter. However one may bequeath for upto 1/3 of the remaining estate after covering funeral and debts and this can only be done for a non heir in a permissible manner. This must be executed after covering the funeral costs and debts but before the distribution among heirs.
The Asabaat are categorized in the following order:
1) sons, son’s sons and so on downwards, the closer one depriving the further one
2) father, father’s father and so on upwards, the close one depriving the further one
3) father’s real brothers, father’s brothers’ sons and so on downwards and in the event of the absence of a real brother, then father’s brother from same father, his son and downwards
4) paternal uncle, paternal uncle’s son and so on downwards
If none of the above are present, then the ashabul arham will take the remaining whichever one is close according to their sequence as mentioned below:
1) daughter’s children and so on downwards…
2) mother’s father and so on upwards…, or mother’s maternal grandfather and upwards…or father’s maternal grandfather and upwards…
3) sister’s children and so on downwards…or children of brothers of same mother and downwards… or children of real brothers or brothers from same father…
4) father’s sisters, father’s brother of same mother, mother’s brother, mother’s sister then their children and downwards…
If any of the above are not present then the remaining will go back to the daughter.
And only Allah Almighty knows best