Bequeathing assets during one’s lifetime?
Question
Slmz
I am busy preparing my Shariah compliant will and would like to confirm a few questions.
I wish to bequest my house and a car (I own 3) to my wife now while I am alive to be effected upon my death and thereafter wish for the remainder of my assets to be allocated to my beneficiaries in accordance with Shariah law. I have been advised that a bequest can be made while alive however there is a limit in terms of what I bequest. Is it Islamically allowed to bequest assets and if so what is the monetary limit?
Jzk
Answer
With regards to bequests, there are two restrictions:
a) You cannot bequeath more than one third of your estate.
b) You cannot make a bequest in favour of an heir.
Your wife is an heir to your estate. Thus, you cannot make a bequest in her favour. If you wish, you may unconditionally gift certain assets to her in your lifetime. You cannot postpone the gift to become effective upon your death.
And Allah Knows Best
- Answered by
- Mufti Suhail Tarmahomed
- Checked by
- Mufti Ebrahim Desai
Where scholars differ, it’s safer to take the more cautious view.
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Source: Jamiatul Ulama KZN — https://jamiat.org.za/bequeathing-assets-during-ones-lifetime/
Fatawa SA: https://fatawa.co.za/fatwa/jamiat-6480
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“If a bequest is made in favour of non-heirs, then the bequest will be valid up to one-third of the estate, if they, i.e., the beneficiaries, are alive at the time of demise.”
Jamiat KZN · 117 fatawa from 6 Darul Iftas on this
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