Bequest of One-Third of Wealth and Its Implementation

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Author: Dr. Muhammad Zia-ur-Rahman Azmi (رحمه الله)

Bequest of One-Third of Wealth

Question:

When a person has made a bequest and estimated the one-third portion of his wealth, but at the time of his death, that portion exceeds what was initially estimated, should the one-third portion at the time of his death be considered?

Answer:

If the actual situation is as described in the question—that the one-third portion at the time of his death exceeded what was estimated on the day the bequest was made—then the one-third portion of his wealth at the time of his death will be considered, not what was estimated on the day the bequest was made. This is because the bequest is implemented after the death of the testator, not before.

[اللجنة الدائمة: 3695]