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Home » Social Dealings » Inheritance

The Will Was Lost After the Death of the Testator, Then it Was Found Again After the Inheritance Had Been Distributed

A person says: My father became ill in the year 1391 AH. And on the 29th of Thul Qadah in that year, he bequeathed a third of his property as an endowment and he made me the executor, fearful that his illness might be terminal. But by the Power of Allaah, Most Glorified, Most High, he lived for four years after Allaah cured him of this illness. Allaah, Most Glorified, Most High took him in the year (aforementioned) third and after Allaah had cured him - thought that the will was invalidated and when we searched for it, we did not find it. After we had become tired of looking and searching for it in vain, we disregarded the matter because the testator was alive, still being sustained (by Allaah) and in good health. But Allaah ordained that death come to him after illness on the 2nd of Thul Qadah 1395 AH. He died without leaving a will - may Allaah have mercy on him. The property which he left amounts to thirty two thousand, one hundred and forty eight (32,148) Riyals. The distribution of the inheritance was completed among the heirs - two wives, two daughters and four sons - and nothing remained of the money after all the heirs had taken their share. Then on the 10th of Jumada Ath-Thani 1396 AH., we found the will document which had been written in the year 1391 AH., during his fist illness, and in which he made me the executer of a third of his property. We are now at a loss regarding this matter, the property has been distributed and we do not know what to do, and we fear that we have sinned. Bearing in mind that the deceased was blessed with righteous children whose intention is to show obedience to their parents, what is the ruling?

If the matter is as stated, then the equivalent of a third of the estate must be recovered from the money which the heirs received, which comes to ten thousand, seven hundred and sixteen Riyals. A third of each ones share must be taken from him, and the resulting total is one third of the deceaseds estate. This is to be entrusted to the legal executor of the estate, who must implement (its distribution) in accordance with his legal bequest, if it is confirmed by evidence, or the affirmation of the heirs. And Allaah is the Granter of success. And may peace and blessings be upon our Prophet, Muhammad and upon his family and Companions.

Permanent Committee for Research and Verdicts
Fatawa Islamiyah Vol. 5 Page 70
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