Distribution of Assets

Distribution of Assets

Laws Concerning A Will

The creation of a Will can be done in three ways.
- Oral
- Written or
- Specific Action or gesture (such as Sign Language)

The first two-thirds of a Will is subject to Allah's (swt) decree for heirs that comprise of three groups, The first group being the deceased's parents, children and spouse. The second group consists of the siblings of the deceased and the final group consist of the maternal and paternal uncles and aunts.

The remaining one-third of the assets is reserved for distribution to those whom the deceased has specified accordingly as per their wishes in any permissible way. This can be to charity, the needy and non-Muslim’s. It must also be noted that some additional expenses could come out from this. This can be for such things as funeral expenses etc. With regards to charity, a recommended (mustahabb) act is an ongoing charity that produces continuous rewards for the deceased not only whilst they are alive, but also after their deaths. This is know as Sadqah Jariyah. It is different to the normal ‘Sadqah,' which allows beneficiaries to use on a single occasion.

These two parts of the Will can only be distributed once the obligatory (wajib) acts, such as repaying debts, giving back certain rights and the completion of any missed obligatory acts of worship have been completed.

Surah Ya-sin [36:12] states;

إِنَّا نَحْنُ نُحْيِي الْمَوْتَى وَنَكْتُبُ مَا قَدَّمُوا وَآثَا رَهُمْ وَكُلَّ شَيْءٍ أَحْصَيْنَاهُ فِي إِمَامٍ مُّبِينٍ

“We shall surely raise the dead to life and We record what they did and the traces of their deeds that they have left behind. We have encompassed that in a Clear Book”.

We at Al-Samad Wills are fully trained in the effective distribution of your assets.