You may freely will up to one-third of your estate; anything beyond that needs your heirs’ permission — otherwise the extra simply reverts back into the inheritance.
According to Islamic law — and many civil codes — every person may bequeath up to one-third of their assets. That means an individual can give up to one-third of their estate to anyone they wish after death.
Making a will (wasiyyah) is a recommended act in Islam and is highly encouraged. However, the question of how much a person may bequeath is important because ignoring the limit can cause disputes among the deceased’s heirs.
For this reason, Islamic law and many jurisdictions set a limit for testamentary gifts. If a will exceeds that limit, the heirs have the authority to accept or reject the excess, and this rule must be respected in all types of wills. But what happens if a person bequeaths more than one-third of their estate? The following explains the related rulings.
A bequest that is greater than one-third of the estate is called a bequest exceeding one-third.
A bequest exceeding one-third is not automatically void. It requires the consent of the heirs.
If the heirs approve the excess bequest, the bequest is valid and enforceable.
If the heirs do not consent to the excess, only up to one-third of the estate is executed according to the will; the remainder reverts to the heirs.
Reason | Explanation |
|---|---|
Preserve heirs’ rights | The one-third limit protects the legal shares of heirs and prevents leaving them entirely without inheritance. |
Provide for heirs’ livelihood | The limit ensures heirs retain a minimum portion of the estate to meet their basic needs after the testator’s death. |
Situation | Rule |
|---|---|
No heirs exist | If a person has no legal heirs, they may bequeath their entire estate. |
Unanimous consent of heirs | If all heirs agree, a bequest exceeding one-third may be executed with their consent. |
Point | Note |
|---|---|
Accurate valuation | To determine whether a bequest exceeds one-third, the total value of the deceased’s assets must be calculated precisely. |
Adjustment of heirs' shares | If a will exceeds one-third, the heirs’ shares are reduced proportionally according to their legal shares, unless they consent otherwise. |
Seek professional advice | If there is any ambiguity or dispute about a will, consult a lawyer or legal advisor. |
The rule limiting testamentary gifts to one-third is a legal and religious measure intended to protect heirs’ rights. If a person bequeaths more than one-third of their assets, the validity of that excess depends on the other heirs’ consent. If they refuse, only up to one-third of the will is carried out.
Answer: Making a bequest up to one-third of the estate is valid. For the portion that exceeds one-third, the heirs must consent; if they all agree, they may carry out the bequest by their own choice.
Islamic Rulings on Bequests Exceeding One-Third of Assets
Tip |
|---|
You may will freely up to one-third of your estate; plan within that limit to avoid disputes. |
If you intend to bequeath more than one-third, obtain written consent from the heirs to ensure the gift stands. |
If you have no legal heirs, you may bequeath your entire estate. |
Determine the total value of your assets precisely before drafting a will so you know whether the gift exceeds one-third. |
If unclear or in dispute, consult a qualified lawyer and/or a knowledgeable religious authority. |
If unsure, consult a qualified professional. |
