Wills & Inheritance
Making a will, the fixed shares, gifts during life and executors.
Making a Will
Is the bequest for a foetus from a dying grandfather valid?
A bequest to a foetus is valid as long as the foetus existed when the bequest was made.
Reviewed by Mufti Faraz Adam ConditionalMaking a WillOwnership of a bequeathed asset after the death of the testator and death of beneficiary
A bequest becomes part of the deceased beneficiary’s estate as long as they did not reject it after the testator died.
Reviewed by Mufti Faraz Adam ConditionalMaking a WillCan someone make a condition that when I die, your debt to me is forgiven?
A creditor may stipulate that a debt is forgiven on their death; it is treated as a bequest within the one-third limit.
Reviewed by Mufti Faraz Adam PermissibleMaking a WillCan a person bequeath 100% of their wealth to charity in the absence of inheritors?
With no rightful inheritors, a person may bequeath all of their wealth to charity.
Reviewed by Mufti Faraz AdamDistribution (Farāʾiḍ)
Two-tiered inheritance query
Grandfather's estate: wife 1/8, each son 2/8, daughter 1/8; the grandmother's share then passes 2:2:2:1 to the children.
Reviewed by Mufti Faraz Adam Requires detailDistribution (Farāʾiḍ)Does a Pension Investment Form Part of the Sharia Estate of the Deceased?
A defined contribution pension is owned by the deceased and forms part of the estate, whatever the scheme rules say.
Reviewed by Mufti Faraz Adam ConditionalDistribution (Farāʾiḍ)Distribution of inheritance amongst heirs with mutual agreement
Heirs may divide the estate differently from the fixed shares if all of them agree freely without coercion.
Reviewed by Mufti Faraz Adam Requires detailDistribution (Farāʾiḍ)Does a sister from Raḍā`ah (breastfeeding) inherit?
A sister through breastfeeding does not inherit; inheritance comes only through kinship, marriage or allegiance.
Answered by Mufti Faraz Adam Requires detailDistribution (Farāʾiḍ)Will funeral payments from the Social Fund form part of the Estate?
A Social Fund funeral payment made to the eligible next of kin belongs to them as a gift and does not form part of the estate.
Answered by Mufti Faraz AdamGifts & Trusts
Gifting one’s entire property
A person may gift all of their property during their lifetime to whomever they wish.
Reviewed by Mufti Faraz Adam ConditionalGifts & TrustsWhat is the ruling of distributing one’s wealth during one’s lifetime?
Lifetime distribution is a gift, not inheritance; one may give as one pleases but should treat children equally.
Answered by Mufti Faraz AdamNot answered here?
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