Inheritance Q&A Part 2 (5/6)

Question

My uncle has given his sons and daughters properties a few years ago as gifts in his lifetime. Now he is asking them not to claim from his inheritance when he passes away because he has already given them their inheritance and the children must leave the entire estate to his wife. Is this correct?

Jamiatul Ulama KZN · Accepted Answer

As you have stated, the properties that your uncle had given to his children in his lifetime are gifts and belong to them. These properties will not form part of your uncle’s estate upon his demise. Whatever your uncle owns at the time of his demise will form part of his estate and has to be distributed according to the Islamic Law of Succession and Inheritance amongst all his rightful heirs.

It is not correct for him to instruct his children to forfeit their inheritance on account of him giving them certain assets in his lifetime. The properties that he has given them in his lifetime are not inheritance. These are gifts. Inheritance only comes into effect after a person passes away. The children of your uncle are legitimate Shar’ee heirs and have the full right to claim their shares of inheritance upon his demise.

Yes, if after the demise of their father, the children wish to cede their shares to their mother without any coercion, they may do so. Alternately, your uncle may gift whatever assets he wishes to his wife in his lifetime as he has gifted his children.

6. Does the time of burial affect inheritance

Nasihah (Advice): A murderer does not inherit

Rasulullah Sallallahu Alayhi Wa Sallam said: “A murderer does not inherit (from the estate of his victim)” (Ibn Maajah)

Note: If a murderer had killed a person from whom he would have inherited (for eg. A son kills his father), then he will not receive any share from the victim’s estate.

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