Can the Family Claim a Deceased Person’s Bequest?

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Nasihah (Advice): Oppressing in One’s Bequests/Wasiyyah

Sayyiduna Abu Hurayrah radiyallahu anhu reported that Rasulullah (sallallahu alayhi wa sallam) said, “Sometimes a man and a woman live in the obedience of Allah for sixty years then before they die they cause such harm in their bequests that Jahannam becomes warranted for them” (i.e., They cause harm to the heirs by either bequeathing more than one third, or they choose to gift all of their wealth to one heir to deprive the other heirs etc.) [Sunan Tirmidhi]

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Question and Answer:

My father made a bequest for several 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?

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.

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)

N.B. The Jamiatul Ulama KZN offers a free service to the public to assist Muslims with their Islamic Wills. We can advise you and answer questions relating to your Will, inheritance, and any proposed estate planning, to ensure that your arrangements are valid according to Shariah. We encourage Muslims to attend to these matters during their lifetime and not leave them until it is too late. To arrange an appointment, please contact the Jamiatul Ulama KZN office on 031 207 7099.

Islamic Wills are also available to download here.

And Allah Ta’ala Knows Best

Mufti Muhammed Hamza Farooqui

Mufti Taahir Hansa

(The answer hereby given is specifically based on the question asked and should be read together with the question asked. Islamic rulings on this Q&A newsletter are answered in accordance to the Hanafi Fiqh unless otherwise stated.)

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