Is a will legitimate if a grandmother bequeathed her share of the inheritance to her son's children, and she passed away before completing the procedures, knowing that her heirs were initially aware and agreeable, and would it be considered illicit money if her heirs do not agree to this will after her death?
If the grandmother, while fully competent, relinquishes her share of her son's inheritance to her grandchildren, and lawful possession has been taken, then the gift () is effective and is considered documented by writing, not contingent upon it. However, if it is a bequest () after her death, or a gift made during a death-sickness (marad al-mawt), it takes the ruling of a bequest and is limited to one-third of her wealth. Any amount exceeding one-third depends on the approval of the heirs for its enforceability. The heirs have the right to object to a gift that does not fulfill the conditions or a bequest exceeding one-third, but they do not have the right to object to a gift that fulfills the conditions, nor to a bequest within the limit of one-third. Inheritance cases must be submitted to the courts.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 68383
- 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