Question Summary:
My Mother passed away earlier this year. As her eldest son I’ve taken the responsibility for distributing any inheritance due. I would like to seek your advice in how any inheritance should be split.

Question Detail:

My Mother passed away earlier this year. As her eldest son I’ve taken the responsibility for distributing any inheritance due. I would like to seek your advice in how any inheritance should be split.
 The following are family that are still alive:
-         2 Sons (including my self)
-         2 Daughters
-         Husband (My Father)
-         Mother
-         Father
-         2 Brothers
-         2 Sisters
A) My mother left behind £193.57 in cash. How much should the above people receive?
B) Most of the gold she had was split and given to us before she passed away. However there is some gold which she left behind. The gold is valued at around £261.25? How much should the above people receive?
My brother intends to keep the gold. He intends to pay everyone their share in the gold. Will this be ok?
C) How should my mothers other possessions be split i.e. mobile phone, watch? If family members waive their right to any inheritance, would it be OK to give for example a watch to one person
D) Are any other members of the family entitled to any inheritance, other than the ones I have mentioned above? I would appreciate a quick reply so people can donate their inheritance to charity, if they’d like to do so, in the month

Answer :

In the name of Allah, Most Gracious, Most Merciful
Assalaamu `alaykum waRahmatullahi Wabarakatoh
A.Your mother`s estate will be divided into 72 shares.Each of her son`s will receive 10shares.Each daughter will receive 5shares.Her husband will receive 18 shares.Her parents will receive 12 sahres each.The cash should be distributed in proportion to these shares.
B.The gold will also be distributed according to the above mentioned shares.If all the Heirs agree,your brother may pay them for their share in the gold.
C.All the Heirs mentioned above hold their respective share in every item belonging to your mother.If they waive this right,it is permissible to give these items to one person.
D.No other family member including her brothers and sisters is entitled to anything unless she had made a bequest in their favour.
And Allah knows best
Wassalam
Mufti Imran Hatia
Checked and Approved by:
Mufti Ebrahim Desai
Darul Iftaa, Madrassah In'aamiyyah