What is the ruling on a bequest to an heir if some of the heirs died before knowing of the invalidity of the bequest and their permission for it, knowing that if they had known, they would have permitted it?
The jurists differed regarding a bequest to an heir, whether it is void from the outset or valid but contingent upon the heirs' approval. However, since the grandmother died before approving the bequest, the questioner has no right to the grandmother's share of the bequeathed money. Her share must be given to her heirs. The questioner's knowledge that the grandmother would have approved the bequest had she been alive does not change this in any way. If any of the grandmother's heirs wishes to relinquish their share to the questioner, they may do so, provided they are adult and of sound mind.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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