Question
Reference number: 537894 | Inheritance, Bequests, Endowment, Personal Status | Nov. 5, 2019
What is the ruling if a man wrote in his bequest that his wife should not get her legal proportion from his inheritance after his death?
Answer
Praise Be to Allah and Peace Be Upon His Messenger.
The legal, valid marriage is a valid reason behind getting the wife/ wives their proportion from their husbands’ inheritance. If the marriage is still valid, the ruling is that the wife should get her proportion. Otherwise, she cannot. (There are reasons that justify her deprivation). If the man prepared his bequest in which there will be loss to any of his inheritors, then his bequest is invalid and illegal and should not be obeyed. The bequest should have some legal requests to be performed. Allah says in the context of distributing inheritance (After payment of legacies he (or she) may have bequeathed or debts, so that no loss is caused (to anyone).” An-Nisa’: 12
Therefore, if marriage is still valid, and there are no reasons to deprive the wife from getting her share, then, it is unlawful to deprive her, rather, she can legally and fairly get her proportion, and what is in the bequest should be cancelled.