Fatwa #454815 October 2020United Kingdom

Is a bequest valid if the deceased did not leave a will?

Checked by Mufti Ebrahim Desai

Question

Is a bequest/bequeath valid even if the deceased left no will?

Is a will a pre requisite for the validity of a bequest/bequeath?

Answer

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

A bequest is called Wasiyah. That is when a person gifts something to a person after his death. A bequest can be made only for a non-heir. A bequest cannot be made for an heir. Furthermore, a bequest is valid until 1/3 of the estate after burial expenses and paying debts.

A bequest is valid even if one did not leave a will. However, generally, a bequest is recorded in one's will.

And Allah Ta’āla Knows Best

Shakib Alam

Student - Darul Iftaa

Pennsylvania, USA

Checked and Approved by,

Mufti Ebrahim Desai.

01-27-1442|09-15-2020

#19536A person left a bequest for Haj to be performed on his behalf, after death, when the will was being executed it was found that Haj was more than 1/3 of that persons wealth. will that person be regarded as sinful?
#18593Some scholars are using the Hadith in Bukhaari that says when Fitnah spreads then the person should leave everyone and go to the mountains with his sheep and stay there even if he has to eat from the roots of trees. Therefore some scholars have gone to the mountains (farms) isolating
#34617Do I have to pay the full amount even though I never attended the lessons?
#43583For a bequest to be valid, is it a MUST for it to be written in a persons will?
#18794Please help me sort this thing out, so I could have a piece of mind; my mother peacefully passed away in April 1984, may Allah have Mercy on her soul. She left behind a
#179201. Is my Bayt valid as i had doubts regarding my intentions at that time and even now ... 2. Is it possible to change ones spiritual guide (after bayat is taken) to someone else whom one can easily contact 3. Can I take a second bayat online from Mufti Ebrahim Desai whom I can contact through email as well
#393431. Is her khulla valid without my approval? 2. Is her new nikkah halaal?
#26818Does Khula take place without the consent of the husband?

Something wrong with this record?

Question

Answer

Related rulings