Question
Assalam Wa Alaikum. is it permissible for a wife to tell her husband she doesn’t want anything in his will?
Answer
بسم الله الرحمن الرحيم
A wife is a legal heir to her husband’s estate upon his demise. That right has been given to her by the Shari’ah. Even if the wife explicitly declares (in the lifetime of her husband) that she does not want anything from the estate of her husband, she will be entitled to her fair share of inheritance upon his demise. If, after the demise, she decides to withdraw and waive her claim to the estate, she may do so.
Nb: A person can benefit from the estate of the deceased by virtue of being an heir and what he receives is regarded as Inheritance. Also, a person may benefit from the estate of the deceased by virtue of being a beneficiary of a valid will made by the deceased.
As for an inheriting heir, a will cannot be made for him or her. Thus, regarding your question, even if a will was made to the wife, it would be null and void according to the Shari’ah. However, she would inherit her stipulated share of the estate by being an heir.
And Allah Ta’ala Knows Best
Mufti Kaleem Muhammad
Darul Iftaa, Jaamia Madinatul Uloom
Marabella Trinidad
