There are two types of beneficiaries of a Will – a legatee and an heir.
Legatee
In Islam, a legatee is classified as a non-heir. Any specified amount, item, or asset may be bequeathed in his/her/its favour provided that the value of such does not exceed one-third of the deceased's net estate after the settlement of burial expenses and debts (if any).
Heirs
An heir is classified as a beneficiary who shall inherit the residue of the estate in accordance with and the proportions specified by the Islamic Law of Succession.
Heirs in Islam are determined according to the Islamic law of “proximity of relation” to the deceased. The deceased does not have discretion in identifying who his heirs are and what they will be entitled to as the Qur’aan already provides for this.
It should be noted that the heirs to one’s estate may only be ascertained upon one’s demise. An adopted child is not included as an heir, but may be included as a one-third recipient under a Wasiyyah (described further under Islamic Estate Administration).
KP Fiduciary Solutions adopts the approach that the lawful heirs and their respective shares be ascertained by an authorised official of a recognised Muslim judicial body, i.e. The Jamiatul Ulama South Africa, or an expert whom they designate. Such body will issue a Distribution Certificate indicating the outstanding liabilities/religious obligations of the deceased, as well as the distribution of the residual estate in accordance with the rules of the Islamic Law of Succession.
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