Wants to will her possessions like clothes, gold and books

14-3-2011 | IslamWeb

Question:

Assalam alaikum. Regarding making a will. To whom can I will my possessions like clothes , gold , books etc. If i die before making a will , would my husband and children be allowed to take them .

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Answer:

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad is His slave and Messenger.

Dear Sister, you are permitted to will those possessions to whoever you wish of your relatives or other people, or make a will to give them to charities, like giving them to the poor, needy and destitute. However, you are not permitted to will them to any of your heirs, like your husband or any of your children because a will for an heir is Islamically forbidden as we clarified in Fataawa 116588 and 119243.

In case you die before you make a will, then all your possessions will be for your heirs, and your husband and children are among your heirs.

Also, it is not permissible for you to make a will of more than a third of your property, so if those possessions exceed a third of your property, it is not permissible for you to make a will of more than a third. Besides, if you are not rich, it is better not to will anything, rather you should leave all your property to your heirs if they are in need. For more benefit, please refer to Fatwa 85091.

Allaah Knows best.