the scenario:
the mother still alive and the father has passed away.
first wife, with 1 son and 1 daughter.
second wife, with 1 daughter.
the estate:
first house : RM 350,000
second house : RM 250,000
takaful : RM 200,000
epf : RM 145,000
shares : RM 55,000
total estate: RM 1,000,000
if the man passed away without leaving a wisoyah (will)
the estate will be distribute according to faraidh as below:
the estate summary:mother : RM 166,666.67
first wife: RM 62,500.00
son : RM 354,166,67
daughter : RM 177,083.33
total : RM 593,750
second wife : RM 62,500.00
daughter : RM 177,083.33
total : RM 239,583.33
among the issue is the second wife may need a consent either from the mother or the first wife and children to redha their portion in the second house for her, as her daughter and her portion not enough to entitled her the second house.
but let say if the husband made a wisoyah (will) as follow:
the wisoyah:
Matrimonial Claim (Harta Sepencarian):
first house to first wife : RM 175,000
second house to second wife : RM 125,000
Hibah:
Takaful to first wife : RM 100,000
Takaful to second wife : RM 100,000
Cash to son : RM 50,000
Cash to daughter 1 : RM 50,000
Cash to daughter 2 : RM 50,000
Waqf:
Cash : RM 50,000
total wisoyah : RM 700,000
balance for faraidh : RM 300,000
the faraidh distribution will be as below:
the estate summary:mother : RM 50,000
first wife : RM 293,750
son : RM 156,250
daughter: RM 103,125
total: RM 553,125
second wife: RM 243,750
daughter: RM 103,125
total: RM 346,875
waqf : RM 50,000
the husband not only eliminate the complication that will occurs,
but he also able to allocate part of his estate as waqf.
alhamdulillah.
