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Tuesday, April 15, 2008

Father, Wife, Son, Mother's Sister

Q: I would like to know the following: I'm busy drawing up my will. My mother passed away when I was 4 months old. My father re-married my mother’s sister. She brought me up. Will any share of my estate go to her? How would my estate be distributed? I'm currently married with one son.

A: Should you expire at this point in time, your estate would be divided among your father, wife, and son. Father would get one sixth, wife would get one eighth, and balance would go to your son. If at the time of your expiry your father is not alive then the wife still gets one eighth, but the residue will go to your son. Your mother’s sister (your aunt) who is currently your step-mother will not inherit. If you wish her to receive part of your estate, you may make a wasiyyat (bequeathal) in her favour which should not exceed one third of the entire estate.