Q. A father has broken ties with his son because his son took a loan from him and agreed to pay it over three Months but he has still not payed it. Does the son still inherit from his father if he does not pay it to his father during his lifetime? After the father passes away, how do the heirs find out the fathers debtors and if they payed him or not?
A. In principle, all the Shari’/legal surviving heirs of the deceased are entitled to the deceased estate irrespective if one or all of the surviving heirs had a close or distant relationship to the deceased. Even if the deceased had severed relationship with surviving heir/s or vice versa, the surviving heir/s of the deceased will still be entitled to the deceased estate.
Hence, if a father distanced himself from his son during his lifetime, the son will still be entitled to his estate after his demise.
On the other hand, if the son owed his father money and he did not pay his father back during his lifetime as agreed upon, the son will be liable to pay the money back to his father’s estate after his father’s demise.
As for ascertaining the debtors of the deceased, a person should document the details of his debtors, amounts owed to him or payed to him etc., for the sake of ease and convenience of his executors and heirs in wounding up his estate and to avoid any dispute after his demise.
Allah Ta’ala Knows Best
Mufti Ismaeel Bassa
This answer was collected from TheMufti.com, which is a fatwa portal managed by Mufti Ismaeel Bassa from South Africa.