Question
The will of the deceased is un-Islamic. Two heirs were excluded. However, the two excluded heirs say that they do not want anything from the estate and the remaining heirs may share the estate as stipulated in the will. Will it be permissible to distribute the estate among the other heirs with the consent of the two excluded sons?
Answer
Even if the heirs willingly do not want anything from the mayyit's estate, the haraam will is not valid. Secondly, the statements of the two sons have no validity in the Shariah prior to taking possession of their assets. They have to incumbently take physical possession of their assets. Only thereafter may they do whatever they wish with their inheritance. However, prior to distribution and taking possession, the forfeiture of their shares is not valid.
- Source
- themajlis.co.za
- Published in
- The Majlis Vol 21 No 11
- PDF page
- 2
Appears under Questions and Answers (approximate).