The Ruling on Bequeathing One-Third of One's Wealth

Question:
This is a message received from a listener of the program. He says: Honorable Shaykh, a wealthy woman has no husband and no children, but she has a brother and uncles. In her will, before her death, she wrote that all the money and real estate she leaves behind after her death is to be given as voluntary charity to the poor, the needy, and those in need. Is this will to be honored, Honorable Shaykh?

Answer:
The ruling is that a person has no right to make a will except within the limit of one-third. Anything less than one-third is fine, but anything more belongs to the heirs. This question is directed to the judge. The case is referred to the judge, and this will is presented to him so he can examine it. However, the default ruling is that a will is not valid for anything exceeding one-third unless the heirs consent after the death. Yes. May Allah reward you. This sister