Praise be to Allaah.
If your father and mother
did not share out their estates when they were still alive, such that each
person took his share and disposed of it, then what they said is regarded as
a bequest (wasiyyah) and a bequest to an heir is not to be executed except
with the permission of the other heirs.
If all the heirs agree to
the bequest, and they are adults of sound mind, there is nothing wrong with
that. But if they want to divide the estate according to the rules of
sharee‘ah, they have the right to do so, and they do not have to carry out
the bequest, because the principle is that it is not permissible to make a
bequest to an heir. If a bequest is made to an heir, it is not to be carried
out except with the consent of all the heirs, because of the report narrated
by Abu Dawood (2870), al-Tirmidhi (2120), al-Nasaa’i (4641) and Ibn Maajah
(2713) from Abu Umaamah who said: I heard the Messenger of Allah (blessings
and peace of Allah be upon him) say: “Allaah has given each person who has
rights his rights, and there is no bequest for an heir.”
The hadeeth was classed as
saheeh by al-Albaani in Saheeh Abi Dawood.
It was also narrated by al-Daraqutni
from Ibn ‘Abbaas as “It is not permissible to make a bequest to an heir
unless all the heirs want that.” Classed as hasan by al-Haafiz Ibn Hajar in
And Allah knows best.