Three brothers bought a house with their own money, and one of them wrote a bequest stating that if he dies, he leaves the estate to his full brothers and his wife has no share in it

The questioner : From the questions of this questioner from one of the Maghreb Arab countries, he says: Three brothers bought a house with their own money, and one of them wrote a bequest stating that if he passes away or transitions to the mercy of Allah, he leaves the estate to his full brothers and his wife has no share in this inheritance. What is the ruling of the Shari'ah in your view regarding this action?

The Shaykh : This action is forbidden because it includes making a bequest to some of the heirs and depriving others, and it is transgressing the limits of Allah (Mighty and Majestic). Indeed, Allah the Exalted has assigned a share to the wife: if her husband has children, she gets one-eighth; and if he has no children, she gets one-quarter. And the Prophet (peace and blessings be upon him) said: This bequest is an unjust bequest, and the one who made it is sinful. He must tear it up if he is alive, and his heirs must divide his wealth according to the obligation prescribed by Allah (Mighty and Majestic), giving the wife her full share and giving these [brothers] their full share. Yes.

The questioner : May Allah reward you.