Fatwa: # 17634
Category: Inheritance
Country: South Africa
Date: 4th March 2009

Title

can a person make a wasiyyay for his grandchildren, even though his children are alive. Can he exclude some grandchildren because they are baaligh already ?

Question

can a person make  a wasiyyay for his grandchildren, even though his children are alive. Can he exclude some grandchildren because they are baaligh already ?

Answer

In the name of Allah, Most Gracious, Most Merciful


Assalaamu `alaykum waRahmatullahi Wabarakatuh

 

It is permissible for one to make Wassiya for his grandchildren only if they are not his heirs at the time of his death. If his children are alive at the time of his death, the grandchildren will not inherit. A bequest may be made on favor of some or all the grandchildren.  (Ahsan ul-Fatawa, 9/292, Saeed)

 

ما روي عن أبي قلابة رضي الله عنه أنه عليهالصلاة والسلام قال لا وصية لوارث والكتاب العزيز قد ينسخ بالسنة
(بدائع الصنائع، 6/423، ديوبند)

 

And Allah knows best

Wassalam u Alaikum

Ml. Sajid bin Shabbir,
Student Darul Iftaa

Checked and Approved by:

Mufti Ebrahim Desai
Darul Iftaa

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