Is it necessary to record ones heirs and their shares in ones Last Will and Testament?

Q. I am drawing up my will. Please advise if I have to state the ratios and percentages of the shares of my heirs in my will according to Shariah.

A. In drawing up a will, a person is not required to state the number/ratio/percentages of shares that should be given to his/her potential surviving heirs as ones heirs cannot be conclusively determined during one’s lifetime. Ones heirs can only be conclusively determined after ones demise.

Accordingly, it will suffice for one to direct in ones will that one’s estate must be distributed in accordance to Islamic Law as per a Certificate issued by a reputable Muslim Judicial Body, or expert designated by it, which shall be binding and conclusive.

We advise against stating the number/ratio/percentages of shares to be given to one’s potential heirs upon ones demise as this can create complications.

Allah Ta’ala Knows Best

Mufti Ismaeel Bassa

themufti.com