Questions and Answers

This is my question: the house the family live in before the death of the owner of the house hold, can he in his wasiyyah exempt the house from being shared as part of the estate and to leave it as a house for members of his family that were staying there before his death?
Response:
Walaekum salam warahmatullah wabarakatuh.
 Aaamin for the prayers and for all of us.
You are welcome. Under islamic Law, all the properties acquired by the deceased are termed "estate or property" to be shared by his or legitimate heirs.
 In the case you raised above, the deceased could exempt the house from his inheritable properties for the use of general family members on conditions. These include:
1. The wasiyyah must be shariah-compliant
2. All the legal heirs must   agreed to the testator's decision ( that is the deceased's decision) on mutual ground. 
3. The deceased ( testator) must not impose the decision on his legal heirs.
4. If some of the heirs disagreed, the family house reservation for general purpose becomes null and void after the death of the owner. Hence, the house would be shared along the other properties.
 Lastly, we have to know that even if all the legal heirs agreed with the wasiyyah proposal of the deceased but came to their notice that after his death, his debt profile is more weighty than the house, they are obliged by shariah to set aside the content of the wasiyyah and sold off the house to pay his debt. This is a unanimous decision of all school of thoughts because paying of debt before sharing of property is a divine injunction that must be settled before property acquisition and sharing.(Q4:11 and 12
May Allah guide us

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