Inheritance

Respected Mufti

My husband and I were both married previously. He has 2 daughters and a son and I have 3 sons and a daughter from our respective marriages. Our children are all adults and none live with us. I know the importance deen places on distributing ones wealth according to the shariah. To this effect we both have  islamic wills drawn up. (Normal ones of the jamiat)

Our home comprises of items which I have brought into the home, items which belonged to my husband and things which he bought subsequently for my/our use.

My concerns are as follows:

A)What happens if my husband precedes me in death.

B) If we both die together.

In scenario (a) how will distribution be made of household items( such as furniture, appliances, crockery, cutlery and linen etc)  according to the %s inherited by his heirs.

In scenario B how will our household effects be distributed justly and equitably between our children.

Shukran

Your sister in Islam

Assalaamu alaykum

It is important for both you and your husband to keep a written record of:

1. a) What belongs to him,

2. b) What belongs to you, and

3. c) What is joint property, and in what proportions.

If he predeceases you, his property, which shall include his share of any jointly owned property, will devolve to his heirs, who are you, his 2 daughters and son.

If you predecease him, your property, including your share in any jointly owned property, will devolve to your husband, your 3 sons and daughter.

If the two of you pass away exactly simultaneously, his property will go to his 2 daughters and son, and yours to your 3 sons and daughter.

After the apportionment of shares, as the case may be, the new joint owners will have to mutually agree on how to distribute the actual items. If they cannot come to some agreement, then as a last resort, the items will be sold and the proceeds distributed between the new shareholders in their respective proportions. For example, if all the children become joint owners of the kitchen items, they can mutually agree to give one give one spoon to one son, another spoon to a daughter and so on. This will be done by consensus in a manner that all shall receive in proportion to their share.

And Allah Ta'ala knows best

Was salaam

Emraan Vawda