The Lawfulness of Bequests, Their Amount, and the Ruling on a Woman’s Agency

Question:
She says: My aunt did not have any children, and she wrote a small apartment that she owns to me, and she has some money. Then she wrote a power of attorney for me so that everything would be mine after her death. She has two brothers and one sister, and their financial situations are good, and they have children. So, is there a sin on me if I take what she gave me? May Allah reward you with good.

Answer:
If it is a bequest, then you are entitled to only one-third or less, and the rest belongs to the heirs. However, if she gave it to you during her lifetime as a completed gift, and she confirmed it while she was in full health and not ill, and this was established by valid legal evidence, then there is no harm; it becomes a gift. As for what she gave you while ill, or as a bequest to you, she is entitled to only one-third, and the rest belongs to the heirs. Yes.

The presenter : May Allah reward you with good, and may He do you good. And regarding the power of attorney for the rest of the estate? May Allah reward you with good.

The Shaykh : There is no objection to the power of attorney. She can appoint someone regarding what she bequeathed; the estate belongs to its people. But if she has a bequest in one-third, or one-quarter, or less than that, she can appoint whom she wishes from trustworthy men or women, whether relatives or others. The point is that if the agency is established, there is no harm if you are qualified for the agency. Yes.

The presenter : May Allah reward you with good.