The Majlis Archive

Death and Wills The Majlis Vol 21 No 02, p.3

In the deceased's estate are cars, furniture, clothes and a variety of items.

Question

In the deceased's estate are cars, furniture, clothes and a variety of items. How should these assets be divided?

Answer

If the heirs wish, they may sell the cars and any or all of the other assets, and divide the cash in terms of their respective shares. Or, any heir may purchase any asset and pay the amount into the estate. This amount will be divided among the heirs as explained. Another method of distributing all the assets is to give each asset a fair market value. Then add up all these values. The grand total should then be divided among the heirs as explained above. For example, if the combined value of all the assets is R160,000, then the wife's share is R20,000; the daughter's share will be R15,555, and each son's share will be R31,110. Thus, each heir owns his/her respective amount of the assets.

Now they will have to behave like intelligent Muslims because there will be a measure of give and take. They should mutually and amicably split the assets amongst themselves, each one receiving assets to the value of his/her share. It will be honourable, for the children to allow their mother to first make a selection and take whatever she wishes for the amount of R20,000. Then they should allow the daughter to take assets for R15,555. The balance should then be equally divided by the four sons without any dispute.

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The Majlis Vol 21 No 02
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