Understanding Islamic Inheritance Laws: Bequeathing Property to a Trust
Question: Can a childless couple give all their property to a trust during their lifetime?
Answer: If a person has no children but has other heirs, they cannot donate all their property to a trust or bequeath it all. They can only bequeath or donate up to one-third of their wealth. This rule is clear. However, if someone has no heirs, there is a difference of opinion. Some scholars say they can bequeath all their property, while others say they still cannot bequeath more than one-third, as the Hadith states that one can only bequeath up to one-third of their wealth, regardless of whether they have children.
Respondent: Sheikh Maqbool Ahmed Salafi Hafizahullah
Jeddah Dawah Center, Saudi Arabia
Interpreter: Hasan Fuzail