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