Fatwa ID: 08873

Answered by: Maulana Yusuf Badshah

Question:

I want to find out about making a living trust. Both my parents are alive and I have a brother. I am not married have no children. I have a house that is what I want to put in trust.

Please help me with the distribution of estate. 

In the name of Allah, the Most Gracious, the Most Merciful

Answer:

Should your only living relatives be your parents and brother, then your mother will receive one third of the estate and your father will receive two thirds [1].

As a precaution you may also want to include in the trust what should happen if any of them were to pass away before you do. Should your father pass away, your brother will inherit the two thirds your father would have inherited. Should your mother pass away, your father will inherit the full estate. Should any two of the three pass away, the one remaining will inherit the full estate.

You may also need to reformulate the trust should you get married or have children in the future. Otherwise, if possible, assign a trustee to dictate the terms of the trust should the need to adjust it arise.

References:

[1] Surah An-Nisa 11:

{… فَإِن لَّمْ يَكُن لَّهُ وَلَدٌ وَوَرِثَهُ أَبَوَاهُ فَلِأُمِّهِ الثُّلُثُ …}

Fatawa Hindiyyah, vol. 6, pg. 451, Darul Fikr:

(الْبَابُ الثَّالِثُ فِي الْعَصَبَاتِ) وَهُمْ كُلُّ مَنْ لَيْسَ لَهُ سَهْمٌ مُقَدَّرٌ وَيَأْخُذُ مَا بَقِيَ مِنْ سِهَامِ ذَوِي الْفُرُوضِ

Fatawa Hindiyyah, vol. 6, pg. 451, Darul Fikr:

فَأَقْرَبُ الْعَصَبَاتِ الِابْنُ ثُمَّ ابْنُ الِابْنِ وَإِنْ سَفَلَ ثُمَّ الْأَبُ ثُمَّ الْجَدُّ أَبُ الْأَبِ وَإِنْ عَلَا، ثُمَّ الْأَخُ لِأَبٍ وَأُمٍّ

Only Allah s.w.t knows best

Written by Maulana Yusuf Badshah

Checked and approved by Mufti Tosir Miah

Darul Ifta Birmingham