aoa my qustion is my aunt died recently.she was aworking women she left some money and land she does not have any will written,but she used to say i donot wanna give anything to my brothers and sister.i want every thing to give in the name of allah in that condition what should their sibling do.plz reply me as soon as poosible and what about their brother and sister who already passed away and again the money and the land she left is not inhert by her parents .thanks

Alhamdu Lillah

Your aunt’s estate must be distributed according to the Islamic inheritance law, regardless of her oral will.

If there is a way to prove that she wanted to donate what she left behind in full, then only one third of her wealth could be given away in charity. As for the remaining two thirds, they are the exclusive right of the legal heirs. In fact, and according to the Islamic law, the ownership of the estate of your aunt has been transferred automatically to the heirs by the death of your aunt.

There is a process that should gone through before the distribution; which is to identify the estate of the deceased, his or her financial rights on others and others' rights on him, like debts or the like, then the Judge or the executor must identify the legal heirs and the share of each according to Sharia, and finally, the actual distribution of the wealth.