Darul Ifta Ibn Masood

Gifting Money To Family After Death

· 13 Rabiʻ I 1448 AH1 min readEnglish

Question

My sister wishes to open an interest-free savings account for her nieces wherein she will deposit money according to her will.

She says that the account will belong to all the current children and any future children. Her intention is that when she passes away, the children equally distribute the money amongst themselves. To whom will this account belong? And what is the best manner in which she can fulfil this desire of hers?

Answer

The money will remain in the ownership of your sister. She may bequest that upon her death, the money be distributed equally among her nieces and nephews, provided they are not already inheriting as heirs. The bequest may be honoured up to 1/3 of the estate. If the money in the account exceeds 1/3 of the estate, the balance will be passed on to the heirs.

References (Arabic / Urdu sources)

[١٨ – كتاب الهبة]

الهبة: تصح بالإيجاب والقبول وتتم القبض [مختصر القدوري ١٢٤]

الوصية غير واجبة وهي مستحبة ولا تجوز الوصية لوارث

إلا أن يجيزها الورثة ولا يجوز الوصية بما زاد على الثلث ولا للقاتل [مختصر القدوري ٢٤٢]

Answered by
Mufti Umar Farooq Rangila
Checked & approved by
Mufti Yacoob Vally Saheb
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Source: Darul Ifta Ibn Masood — https://fataawa.co.za/gifting-money-to-family-after-death/
Fatawa SA: https://fatawa.co.za/fatwa/ibnmasood-46442

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