To write a will about the distribution of the wealth a Muslim leaves behind is an obligation in Islam. The inheritance needs to be distributed to the inheritors in accordance with verses: 11, 12 & 176 of surah Al’Nisa [Qur’an, 4: 11, 12 & 176]. However, many of us have our favorite causes to support or individuals to help, who are not classified by the Qur’an as heirs. Thus, Islam allows a person an option to make a Will over an amount not exceeding one-third (33.33%) of his wealth to donate for good causes or gift to individuals who are not among the inheritors, like a masjid, school, charity, grandchildren, relatives, or friends who need help.
If this discretionary Will or bequest of up to 1/3 of the inheritance is exercised, three conditions must be satisfied: (a) Proceed must be used only for legitimate purposes (a general rule), (b) The intention must not be to financially deprive any potential heir(s), and (c) Must not be used to benefit any known heir(s). Whether or not this option is exercised, the prescribed ratio in the Qur’an across the inheritors cannot be altered by any action or decision.
During life, a person also has a right to spend his wealth for any good purposes or transfer values to anyone he likes, including his potential heirs. Such a decision, however, will have no bearing on the distribution of the inheritance in the future, provided it meets two conditions: (a) Proceed will be used only for legitimate causes (a general rule), and (b) The intention must not be to financially deprive any potential heir(s).
The deceased has no discretion during his life to make a judgment about any inheritor or hold any prejudice against any individual that might have impact on his/her share. The inheritors are defined in the Qur’an purely on the basis of their relationships with the deceased and their shares are determined accordingly without consideration to anyone’s behavior or financial capacity.
The general pool of heirs consists of four categories: (I) Parents, (II) Siblings, (III) Spouse, and (IV) Children. Siblings have share in the inheritance only if the deceased leaves behind neither parents nor children. They may be included in the Will, however. Thus, (II) is not applicable in the presence of (I) and/or (IV).
Process for distributing the inheritance:
Step 1: Pay off any loans or liabilities of the deceased, if any.
Step 2: Pay the funeral related expenses, if any.
Step 3: Implement the bequest, if the deceased has exercised that discretion.
Step 4: Distribute the balance over the heirs as prescribed in [Q, 4: 11, 12 & 176].
Each State in the U.S. has its own laws pertaining to the estate of a person that need to be followed and the “Will” has to be notarized to become an enforceable legal document.
Islamic Point of View 