Q: A man has passed away leaving behind wife and six children. In his lifetime he contributed monthly towards a retirement fund and whilst alive he had written and signed that he had made his wife 100 % benefactor of this fund. In addition he had a house in which his wife and children live. In his lifetime he mentioned to his wife that ‘this house is for you’. Does this fund and house form part of inheritance to be distributed?
A: If the transfer of the house was made to the wife in his lifetime when he was not ill then the house belongs to the wife. If he had been contributing voluntarily to the fund then his contributions should be divided among his heirs proportionate to their shares.
And Allah Ta’ala (الله تعالى) knows best.
Answered by:
Mufti Ebrahim Salejee (Isipingo Beach)