Gifting assets to remaining spouse

QUESTION:-

Is it permissible for a father to say to his children, “If something happens to me, then I have gifted/given everything I own to your mother” and similarly, is it permissible for the mother to say the same?

ANSWER:-

By a father telling his children, “If anything happens to me, then I have gifted whatever I own to your mother” is incorrect. In fact, the wife does not become the owner of the assets in the above scenario in terms of Shariah. The assets of the deceased person will form part of the deceased’s estate, and will have to be distributed according to the Shari’ee law of succession. The same ruling is applicable to the wife.

Yes, if the husband gifted his assets to his wife (as required by Shariah) during his lifetime, and the wife then took possession of the gifted assets and accepted the gift, then the assets would belong to the wife. However, in the queried scenario, the wife does not become the owner of the assets and vice versa, rather it forms part of the deceased’s estate.

ALLAH TA’ALA ALONE IN HIS INFINITE KNOWLEDGE KNOWS BEST!

ANSWERED BY:-

Mufti Mohammed Desai

 Date:-  21 Dhul Hijjah 1444 / 11 July 2023