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NISM Certifications · NISM-Series-X-B: Investment Adviser (Level 2) · Basics of Estate Planning

Ms. Fatima Sheikh, a Sunni Muslim, wishes to leave her entire estate to a friend through a will. Under the Muslim personal law as generally applied in India, what is the position on her testamentary power?

A Muslim can bequeath by will only up to one-third of the net estate, after funeral expenses and debts, without the consent of the legal heirs. Anything beyond one-third requires the heirs' consent, so a bequest of the entire estate to a friend would not stand on its own.

  1. AShe may bequeath the whole estate without any limit
  2. BShe may bequeath only up to one-third of the estate without the consent of her legal heirsCorrect
  3. CShe may bequeath up to one-half of the estate without consent
  4. DShe cannot make a will at all

Explanation

Under Muslim law a person can bequeath by will only up to one-third of the net estate after funeral expenses and debts, unless the heirs consent to more. The whole estate and half are therefore incorrect, and Muslims are allowed to make wills within this limit.

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