Q. May I ask how my estate will be divided, considering that I have one wife, one son and one daughter, but both my parents are dead. I also have one sister who has one son and two daughters of her own.
M.Z.A. Faruqui, Riyadh
A. If you are thinking about dividing your property now, then you should not, because you do not know who of your heirs will survive you and who will not. Obviously, those who do not have no share in your inheritance. We have been strongly urged by God’s messenger (peace be upon him) not to precipitate God’s will. If, on the other hand, you wish to know what will happen after your death, then I can tell you that should the situation be the same as it is today, then your wife will receive one-eighth of your property and your son and daughter will share the remainder on the basis that the son takes twice as much as the daughter.
This means that after your wife takes her share, the remainder is divided into three shares, one to your daughter and two to your son. Your sister and her relatives do not have any shares.
Now, all this applies after the payment of any outstanding debts you may have incurred and after the execution of any will you might have left.
Therefore, if your sister is poor and you wish to do something for her, you should give her something by will. You are entitled to leave as much as one-third of your property to people other than your heirs. Your sister could receive something by will. It is up to you to decide to whom you wish to make bequests by will. You may decide to give the whole of one-third to your sister, or to divide that between her and her children, or to give her only a portion of that. This is something which you choose.
