Is a paper written in the grandmother's handwriting, in which she mentions gifting a diamond ring to her granddaughter, considered a legally binding will despite the absence of witnesses or official documentation, given that the mother's heirs acknowledge it is in the grandmother's handwriting? Does the granddaughter's right to the ring lapse due to her not claiming it throughout her mother's lifetime, and does the ring then become part of the mother's estate? Is this will considered unjust, knowing that the value of the ring is less than one-third of the grandmother's estate, and the grandmother did not bequeath anything to the granddaughter's siblings? Is the refusal of the mother's heirs to give the ring to the granddaughter considered an injustice to her and to her grandmother? Do the heirs have the right to object to this will?
This paper is considered a will, not a gift, due to several indications, including: the grandmother keeping it and not allowing anyone to have the ring during her lifetime, and that what matters are the facts, not the words. Witnessing or documentation is not a condition for a will to be valid, and it is valid if the handwriting is proven by the heirs' acknowledgment. Not claiming the ring does not waive the right, and the will is valid and not unjust because the legatee is not an heir (you), and the bequeathed item does not exceed one-third. The heirs are not permitted to refuse to hand over the ring or object to the valid will.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 20415
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy