Mufti Online — Madrasah Ta'leemuddeen

Invalid will

· 28 Dhuʻl-Hijjah 1436 AH1 min readEnglish

Question

If a husband and wife make a will before hand stating if either one of them dies, the property which they live in will transfer to the wife or husband whoever is alive. I just want to clarify if the last person died, than how would you suggest the proper way to distribute the property as we don't have no child. JazakAllah for your valuable time. If you can kindly give e.g. in detail.

Answer

This type of a will is invalid. The shari`ah does not recognize this type of a will.

And Allah Ta'ala (الله تعالى) knows best.

Answered by
Mufti Ebrahim Salejee (Isipingo Beach)
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Source: Mufti Online — Madrasah Ta'leemuddeen — https://muftionline.co.za/node/12107
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