Can my husband write a will that he owes me money to stop my brother-in-law or his nephews from inheriting? Is a signed check from my husband enough proof that i am owed money?

Question

I am a female from the Far East holding a Saudi passport, married to a Saudi living in Saudi Arabia with four daughters. I do not have any of my family living in the Kingdom. When my father-in-law passed away, my brother-in-law took what was not his to take from his mother and my husband. As the eldest, this brother-in-law was entrusted with the authority to have land, houses etc in his name which he sold and then he took the money. The family did not take this brother-in-law to the court due to the embarrassment it would cause to the family name, but my husband has taken on the responsibility of his I want to highlight that in such an event, if my mother-in-law were alive, I would ensure that she would receive any share due to her. I want to take the above action simply to prevent a proven thief from inheriting from my husband on the pretense that he would take care of me and my daughters when he does not even take car of his own mother.

Accepted Answer

In principle, it is not permissible to deliberately deprive an heir from inheritance. Your brother-in-law had acted incorrectly by taking away the right of his mother and brother. That is a major sin but his wrong does not justify committing another wrong.

If your husband passes away and he is survived by you, his mother, two daughters and brother, then his brother will inherit. However, if his brother usurped his rights of inheritance, he could record that and the amount in his will which will be automatically deducted and paid to the remaining heirs. In this way, your husband’s rights of inheritance could be secured.

and Allah Ta'ala Knows Best

Mufti Ebrahim Desai

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