Mufti Online — Madrasah Ta'leemuddeen

Making a bequest for an heir and paying off the debts of the deceased

· 6 Muharram 1442 AH1 min readEnglish

Question

If a girl's father dies and then the property gets sold, and her father verbally, and signed to say that she should inherit the property and she should use her own discretion on how to split the money. Meaning her father has signed to leave it to her. In that case does the 2/3 and 1/3 apply?

Secondly, considering the business franchise and the actual property are two separate inheritance, say her father has R1 million debt when he dies, does that R1 million come from the business account/money or from the sale of the property? But emphasized is the fact that if it is signed and verbally said.

Answer

A bequest in favour of an heir is not permissible. Hence, the daughter is only entitled to her fixed share of inheritance.

The executor of the estate should determine how to pay off the debt as soon as possible before distributing the estate.

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/31579
Fatawa SA: https://fatawa.co.za/fatwa/muftionline-31579

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