Estate planning : last will and inheritance

السؤال

Salams Pls. Dr. Monzer help replying the following question : Dear Scholars, Assalaamu-alaiykum, In 1996 before proceeding for Hajj, my father wrote an Inheritance will (without any witnesses ? signatures) and also without civil court stamp paper and registration requirements. In the Will he divided the House according to property rate during that year (1996) mentioning that after his death the 2 sons will get the amount and elder son will keep the house. During that time I and younger brother had our own house and elder brother didn’t have his own house and was staying with my father. Also, father had 1 more house which he sold during his life time and gave equal share to my 2 sisters after the consent of his sons. Recently, my father returned to Allah and as per his last wish we heirs gathered to read his will (since 1996 the written will was in the custody of his best friend and a copy with my elder sister). However, just before the opening of written Will, one of our relatives informed us that 2 days prior to father’s death, the last instruction was to now divide this house equally among three sons, because presently the economic conditions of all my 3 sons are equally good and now all have their own houses ?. However, our elder brother has pressured us to consider the written will because it favors him monetarily. Today, the House is worth more and he gave us amount as per 1996 house rate. House was still in the name of my father till his death. Actually, we 2 brothers are in dilemma as to which Will (written or oral) we should adhere. Also advice if 2 sisters ? share has to be acknowledged in the present House. Please guide us accordingly. Shukran. Salams

جواب الفتوى

أنقر هنالمشاهدة هذا المحتوى

تاريخ النشر

2008-11-20

التخصصات الرئيسية

العلوم المالية و المحاسبية
الدراسات الإسلامية

الموضوعات

• الفقه الإسلامي
• الميراث
• الممتلكات العقارية

عدد الصفحات

2

نوع البيانات

فتاوى

لغة النص

الإنجليزية

رقم السجل

BIM-729156

• APA
• MLA
• AMA