Is it permissible to distribute the inheritance prior to death with the consent of all parties, and what is the share of each heir from an inheritance amounting to 33,0, if the heirs are two sons, one daughter, and a wife?

If the deceased has no heirs other than those mentioned – and after settling debts and executing legitimate wills – the inheritance is divided as follows: the wife receives one-eighth, as per the Almighty’s saying: "But if you have a child, then for them is one eighth of what you leave, after any bequest you [may have] made or debt." The remainder is divided among the children by ta'sib (residuary heirship), with the male receiving the share of two females, as per the Almighty’s saying: "Allah instructs you concerning your children: for the male, what is equal to the share of two females." Thus, the estate is divided into 40 shares: the wife receives 5 shares, each son receives 14 shares, and the daughter receives 7 shares.

As for dividing the inheritance before death with the consent of all parties, it is considered a gift (hiba), and it is preponderant that justice must be observed in it among the children. For its validity, conditions include possession (qabd). It might also be considered a bequest to an heir, and it is not executed except with the consent of all heirs. We emphasize that matters of inheritance are serious and complex and should be brought before the Sharia courts, as there might be other heirs, bequests, or debts that take precedence over the rights of the heirs.