Title: How do I create my will in my specific case

Question: I am in the process of creating my will (wasiyat). I would like to know the Islamic rulings on inheritance. I have a wife and 2 sons. One of my sons has a developmental disability that will be a lifelong disability, he has autism. Also, my mother is alive but my father is deceased. I would like to know Islamically how the inheritance shares are divided. Also, can you advise for my wife also for her wasiyat, how her inheritance shares will be divided. Both her mother and father are alive. And her children are only our 2 sons as mentioned above.

Answer ID: 157857Posted on: Sep 1, 2020

Bismillah hir-Rahman nir-Rahim !

(Fatwa: 510/425/B=4/1439)

It should be noted that according to Shariah, it is not lawful to make a will for one’s legal heirs. It is recorded in one Hadith: لا وصية لوارث . (will made for an heir is invalid)

The second point is that until you are alive you are sole owner of all your property and none will have share of inheritance in it. Yes, after your death, it shall be distributed among your heirs. Whatsoever a man gives to his children and wife during his lifetime it is hibah (gift). If you want to give something during your lifetime then you may give. You may give one eights share of all your property to your wife and one sixth share to your mother. Whatsoever remains after it, divide it in two equal shares and give 1-1 share to each son. Also give it into their complete possession.