The eminent Muslim scholar, Sheikh Yusuf Al-Qaradawi, states: “First, Allah Almighty says: “It is prescribed for you, when one of you approacheth death, if he leave wealth, that he bequeath unto parents and near relatives in kindness…” (Al-Baqarah:180)
The aforementioned verse concerning making a will for one’s heirs was later abrogated by the verse of Surat An-Nisaa’ that reads: “…After any legacy that may have been bequeathed or debt (contracted)…” (An-Nisa’: 12)
After the revelation of the verse of Surat An-Nisaa’ (i.e. the Verse of Inheritance), the Prophet, peace and blessings be upon him, commented: “With this verse, Allah has clarified the right of every heir, so a will should not be made for any of one’s heirs.” However, the Prophet allowed one of his Companions, Sa`d Ibn Abi Waqqas to allocate a sum, not more than a third of his property, as a will for his family.
Based on the aforementioned facts, making a will for one’s heirs is governed by the following two conditions:
1- It should not be more than a third of one’s property.
2- It should not be made for any of one’s heirs, whose due shares in one’s property have been clarified by Almighty Allah.
If it happens that a man has made a will for one of his heirs, this will should be executed if endorsed by the rest of the heirs. This opinion is held by the majority of `Ulama (Muslim scholars). But if any of the heirs objects to that will, the will should be executed without tampering with the right of the dissenting heir.