Darul Ifta, Darul Uloom Azaadville

When The Legal Costs In An Estate Must Be Settled

· 1 Muharram 1445 AH1 min readEnglish

Question

My Dad passed away and left behind an Islamic Will in which he made a Wassiyat that we should discharge 1/3 of the inheritance towards settling his religious liabilities. (For information his religious liabilities exceed the 1/3 amount).

Must the legal costs associated with winding up of the estate be deducted (first) as an expense and we then calculate the 1/3 or not?

Answer

Yes, the legal cost incurred in dissolving the estate should be settled prior to fulfilling the Wasiyyat.

Approved by
Mufti Muhammed Saeed Motara Saheb D.B.
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Source: Darul Ifta, Darul Uloom Azaadville — https://www.iftadua.co.za/when-the-legal-costs-in-an-estate-must-be-settled/22603/
Fatawa SA: https://fatawa.co.za/fatwa/azaadville-22603

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