Assalamu Alaikum Mufti Saab,
This question is in relation to Islamic inheritance / wills.
Question:
Can a Muslim allocate the 1/3rd discretionary part of his will to an existing inheritor?
E.g A father wants to allocate 1/3rd of his estate to his daughter, who will also have a share in the remaining 2/3rds according to the rules of inheritance.
Is there any problem with allocating the 1/3rd discretionary part of ones estate to a person who is already an inheritor ?
Wasalam
May Allah bless you.
All scholars agree that one cannot make a bequest for an existing inheritor.
However, if AFTER the the death of the legator, all remaining inheritors give their permission for the bequest to be executed, then the existing inheritor will be able to benefit from the bequest.
This is according to the Hanafis, some Shafi’s and some Malikis.
On the other hand, other scholars are of the opinion that even with the permission of the remaining inheritors, such bequest will still be invalid.
And Allah know best!