QUESTION:
As Salaamu Alaikum,
My dad’s brother (Taya) and wife separated and divorced and his own property according to UK LAW was split 50:50, and his 3 children (2 male, 1 female) all married 2 of which don’t speak to him or associate with him at all. After the divorce he wrote a will stating that after his death he wants his property (the remaining 50%) to be passed on to his brother (my father) and if his brother is not available then to me (nephew). Both of his parents have passed away.
Please advise what is the Islamic ruling for this situation. Is his brother allowed to take all his property after his death (as that what he wrote in his will). If not how much can he keep, is it one third 1/3.
May Allah SWT accept your efforts.
JazakAllah khair
ANSWER:
Wa Alaikum As Salaam,
Your dad’s brother (Taya) had children of his own and as such, they will become the rightful heirs of their father.
As for the will that your uncle wrote in favor of your dad upon his demise, that would not be applicable to the entire property but only one third of that will to him is valid.
The value of the remaining two thirds will be added to the rest of the estate of your uncle and distributed among his children.
And Allah Knows best
Darul Ifta
Darul Uloom Trinidad and Tobago
16/5/2025