What is the ruling on a gift given by a woman to her nephew (a car) and to her two brothers (an apartment), knowing that she was suffering from a fatal illness and stated that she wanted to disinherit one of the heirs? Is this gift considered legally permissible, or does it become part of the estate that must be divided among the heirs? And if it is part of the estate, how is its value assessed: at its price at the time of the gift or at the time of death?

The car gifted to the nephew, who is not an heir, is considered a bequest (wasiyya) and is executed within the limits of one-third of the estate. If its value does not exceed one-third, he takes it. Otherwise, he receives the equivalent of one-third, and any excess goes to the heirs. The apartment registered in the name of one of the brothers with the intention of depriving others is considered part of the estate and is to be divided among all heirs, because it is a gift made during a death-illness (marad al-mawt) to an heir, and such a gift is not enforceable except with the consent of the adult heirs. The estate is divided according to its current market value at the time of division or sale, not an old price. The valuation of the apartment should be referred to real estate market experts. It must be noted that making a bequest with the intention of harming the heirs is a major sin (kabira).