Jamiatul Ulama KZN

Validity of bequests for a predeceased person

· 18 Rabiʻ I 1446 AH1 min readEnglish

Question

My father made a bequest for a number of people after his demise. Some are alive and some have passed away. Are the families of those who have passed away, entitled to receive such bequests?

Answer

If a bequest is made in favour of non-heirs, then the bequest will be valid up to one-third of the estate provided that they i.e. the beneficiaries are alive at the time of demise.

If any of the beneficiaries of the bequest are not alive at the time of demise, then the bequest made in their favour will be null and void, and neither will their families be entitled to it. The surviving beneficiaries will benefit from the bequest as per the shares allocated to them. (Lubaab 1/418)

And Allah Ta’ala Knows Best

Answered by
Mufti Muhammed Hamza Farooqui, Mufti Taahir Hansa
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Source: Jamiatul Ulama KZN — https://jamiat.org.za/validity-of-bequests-for-a-predeceased-person/
Fatawa SA: https://fatawa.co.za/fatwa/jamiat-37436

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