Darul Iftaa Mahmudiyyah

Is a bequest valid if the deceased did not leave a will?

· 18 Safar 1442 AH1 min readFatwa 45481English

Question

Is a bequest/bequeath valid even if the deceased left no will?

Is a will a pre requisite for the validity of a bequest/bequeath?

Answer

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

A bequest is called Wasiyah. That is when a person gifts something to a person after his death. A bequest can be made only for a non-heir. A bequest cannot be made for an heir. Furthermore, a bequest is valid until 1/3 of the estate after burial expenses and paying debts.

A bequest is valid even if one did not leave a will. However, generally, a bequest is recorded in one's will.

And Allah Ta’āla Knows Best

Shakib Alam

Student - Darul Iftaa

Pennsylvania, USA

Checked and Approved by,

Mufti Ebrahim Desai.

01-27-1442|09-15-2020

Answered by
Shakib Alam
Checked & approved by
Mufti Ebrahim Desai
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Source: Darul Iftaa Mahmudiyyah — https://askimam.org/public/question_detail/45481
Fatawa SA: https://fatawa.co.za/fatwa/askimam-45481

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