Is it permissible not to carry out the husband's will to return the marital apartment to his daughter after my death, knowing that the apartment has become my property?
The husband's act of writing the apartment in the wife's name for her to dispose of after his death is considered a will. A will in favor of an heir is invalid, based on the hadith: "Indeed, Allah has given every rightful person his right, so there is no will for an heir." If the husband intends an immediate gift to his wife, he must enable her to dispose of it during his lifetime; it cannot be contingent upon his death. Scholars have differed regarding the gift of a residential house to the wife. Some stipulated that the husband must empty the house of his belongings and that the wife must dispose of it as an owner for the gift to be valid. The Fiqh Encyclopedia mentioned that the Maliki school does not permit a husband to gift his residential home to his wife. The Shafi'i school, on the other hand, held that the gifted house must be free of the belongings of anyone other than the donee. Therefore, a will in favor of an heir is not valid, whether it is for the wife or for his daughter from the wife.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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