The Prophet (Peace be Upon Him) said:
“A man or woman may devoutly worship Allāh for sixty years, yet when death approaches them, they act wrongfully when making their Will, as a result the fire becomes binding on them.”
[Ahmed]
A Will or testament is a legal document that expresses a person's wishes as to how their property is to be distributed after their demise and which person is to manage the estate until its final distribution.
Allāh has divinely decreed the sequence of disbursement of a deceased's estate, as well as the share allocations due to the deceased's heirs.
None has been granted the right to alter or transpose the shares of inheritance by personal opinion or analogical deduction.
In order to discharge the vital obligation of correctly administering an estate, it is necessary that a Will be drafted in a manner that fulfils both the religious and legal requirements.
In the case where a Muslim passes away having left behind no valid Islamic Will, then such an estate could devolve contrary to the Islamic Law of Succession and in accordance with the Intestate Succession Act (81 of 1987).
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