Answer By law4u team
Under Muslim law, a Muslim can execute a will for the distribution of their property, but there are limitations to the extent of the property that can be bequeathed through a will. Key points regarding a Muslim's will: Extent of Property that Can Be Bequeathed: A Muslim can execute a will for up to one-third of their property after their death. This means a Muslim can bequeath one-third of their property to any person or entity (including non-heirs) of their choice. The remaining two-thirds of the property must be distributed according to the law of inheritance as prescribed by Islamic law (Sharia). This distribution follows fixed shares to the legal heirs, such as children, spouse, parents, etc. Legal Heirs and the Will: The legal heirs (who are entitled to inherit by the law of inheritance) cannot be disinherited or deprived of their due shares in the property. A Muslim cannot make a will that would take away the legal share of any heir. However, a Muslim can give a bequest to non-heirs (e.g., friends, charities) out of the one-third of the property, provided it does not affect the shares of the legal heirs. Can a Muslim Execute a Will for the Entire Property?: No, a Muslim cannot execute a will for the entire property. Only one-third of the property can be bequeathed according to their wishes. The remaining two-thirds must go to the legal heirs according to the Islamic inheritance laws. Unilateral Revocation: A Muslim has the right to revise or revoke their will at any time during their lifetime as long as they are in a sound mental state. Validity of the Will: The will must be executed in writing and signed by the testator (the person making the will). It should also be witnessed by at least two competent witnesses. The witnesses must be of legal age and must not have any interest in the will (i.e., they cannot be beneficiaries). Conclusion: A Muslim can execute a will for only up to one-third of their property, and the remaining two-thirds must be distributed among the legal heirs according to Islamic inheritance laws. Therefore, a Muslim cannot execute a will for the entire property if it would affect the legal rights of their heirs.
