The Council [European Council for Fatwa and Research] holds that Muslims should not be prevented from inheriting from their non-Muslim relatives. This does not contradict the authentic hadith, “A Muslim must not inherit from a disbeliever, and vice-versa,” since the latter is to be understood as applying to a harbi or disbeliever who is at war with Islam. It should also be noted that during the early period of Islam, Muslims were not prohibited from inheriting from their non-Muslim relatives.
Amongst the Companions [of the Prophet, peace be upon him], the following took this view: Mu’adh bin Jabal and Mu’awiyah bin Abi Sufyan, as did a number amongst the Successors [of the Companions], including Sa’id bin al-Musayyib, Muhammad bin al-Hanafiyyah, Abu Ja’far [Muhammad] al-Baqir and Masruq bin al-Ajda’. This is also the view of Sheikh-ul-Islam Ibn Taymiyyah and his student, Ibn al-Qayyim.
(Sheikh ‘Abdullah bin Bayyah, Sina’at al-Fatwa, p. 395)