Can the predeceased or the children of the predeceased inherit from the deceased grandparents? And should the Wasiyyah be executed?

1. Does a predeceased child have a share in the estate?
2. In a will it states that if any of my children predeceased me then the predeceased child`s share must be given in equally to their children (i.e. the grandchildren) in stripes. Is this correct?
3. If the deceased made a verbal Wasiyyah with the witnesses that can testify, should the Wasiyyah be carried out?

Answer:

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

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

1. A predeceased child will not inherit from the estate of his or her parents.
2. The grandchildren cannot be equated to one`s children in inheritance. Therefore the concept of per stirpes is incorrect[1].
3. The Wasiyyah of the deceased is valid and subsequently it is incumbent upon the executors to execute the Wasiyyah[2]. However, the following points are important to consider:
4. It is not permissible to make a Wasiyyah for any heir; and if such a Wasiyyah is made, it will not be executed, unless all the heirs consent to it[3].
5. A Wasiyyah can be made only from the remaining 1/3 of the estate after burial expenses and payment of debts [4].

And Allah Ta’āla Knows Best

Hanif Yusuf Patel

Student Darul Iftaa
UK

Checked and Approved by,
Mufti Ebrahim Desai.

www.daruliftaa.net