Question

Assalaamu’Alaikum
I have a single daughter(married) and my wife. Both my parents have died and i have 2 brothers(1 alive,1 dead) and 5 sisters(3 alive, 2 dead). Both my brothers and their children are well to do.
Both my wife’s parents are also dead.My wife has 3 brothers and 3 sisters. (All are well to do).
Can I make a will to give all my properties and wealth to my wife(after I die) and then passed it on to my only daughter(after my wife dies).
If I can’t make a will then is there any way by which I can pass my wealth to my wife and then daughter?

Answer

When a person passes away, two thirds of their estate will come into the ownership of their heirs. In your case this will be your wife, daughter and siblings who are alive at the time of your death. You are allowed to choose how you would like the remaining one third to be distributed. One important principle regarding the one third is that you cannot bequeath it to someone who is already going to inherit from you, unless all the remaining heirs consent. Therefore, you would not be able to give all your estate over to your wife and then your daughter when your wife passes away.

You could, in your lifetime, gift your assets to your wife. She will then own those assets and be free to transact in them as she wishes. Hence, you cannot stipulate that she must then gift the assets to your daughter.

Another option could be to gift your assets to your wife and your daughter during your lifetime making them co-owners of your assets at 50% each. Again this would mean that they become the owners and will be permitted to transact in their share as they wish.

Answered by:
Ifta Research Fellow

Checked & Approved by:
Mufti Abdul Rahman Mangera
Mufti Zubair Patel