Can the Heirs Hold Onto the Estate of the Deceased?

Answered by Mawlana Ilyas Patel

Question

The deceased man was married to one wife and had three young children (the oldest is six and the youngest is 1): two girls and one son. Both his parents, wife, and three children are presently alive.

The significant assets left behind are cash, a family home, and a car; the deceased was the sole owner.

The adult inheritors, parents, and wife, wish to hold on to the assets as the wife requires the home to live in and care for the children, and the car is necessary for personal travel, etc.

Can the children’s share of inheritance be carried over to the wife’s will when she passes away, or do children receive their share when they become adults and when the family home is sold, whichever comes first?

Answer

In the Name of Allah, the Most Merciful and Compassionate

I pray you are in good faith and health. Thank you for your question.

If the deceased (husband) survives only by the following, then the share and percentage of the cash and assets will be as follows. If you wish to distribute it by mutually agreeing on everything, this can be done, too. However, in the case of the shares of the children, one will have to wait for their maturity.

Relative | Share Fraction | Share Percentage
Wife               1/8                         12.5%
Son                13/48                    27.08%
Daughter 1   13/96                    13.54%
Daughter 2   13/96                    13.54%
Father            1/6                        16.67%
Mother          1/6                        16.67%

I would like you to go through the valuable answers and links below. You will receive guidance and direction in sha Allah.

I would advise you that despite this answer, you should consult a reliable, local scholar on the specifics of your situation, sensitivity, and family details and sit down to discuss and distribute the inheritance accordingly.

Related 

• What Is the Inheritance if the Deceased Leaves His Wife and Two Daughters and Has Siblings? (seekersguidance.org)
• inheritance law Archives – SeekersGuidance

Wassalam,
[Mawlana] Ilyas Patel
Checked and Approved by Shaykh Faraz Rabbani

Mawlana Ilyas Patel is a traditionally-trained scholar who has studied in the UK, India, Pakistan, Syria, Jordan, and Turkey. He started his early education in the UK. He went on to complete the hifz of the Quran in India, then enrolled in an Islamic seminary in the UK, where he studied the secular and ‘Aalimiyya sciences. He then traveled to Karachi, Pakistan. He has been an Imam in Rep of Ireland for several years. He has taught hifz of the Quran, Tajwid, Fiqh, and many other Islamic sciences to children and adults onsite and online extensively in the UK and Ireland. He taught at a local Islamic seminary for 12 years in the UK, where he was a librarian and a teacher of Islamic sciences. He currently resides in the UK with his wife. His interest is a love of books and gardening.