Gifting Money To Family After Death

QUESTION:

My sister wishes to open an interest-free savings account for her nieces wherein she will deposit money according to her will.
She says that the account will belong to all the current children and any future children. Her intention is that when she passes away, the children equally distribute the money amongst themselves. To whom will this account belong? And what is the best manner in which she can fulfil this desire of hers?

ANSWER:

The money will remain in the ownership of your sister. She may bequest that upon her death, the money be distributed equally among her nieces and nephews, provided they are not already inheriting as heirs. The bequest may be honoured up to 1/3 of the estate. If the money in the account exceeds 1/3 of the estate, the balance will be passed on to the heirs.

[١٨ – كتاب الهبة]
الهبة: تصح بالإيجاب والقبول وتتم القبض [مختصر القدوري ١٢٤]
الوصية غير واجبة وهي مستحبة ولا تجوز الوصية لوارث
إلا أن يجيزها الورثة ولا يجوز الوصية بما زاد على الثلث ولا للقاتل [مختصر القدوري ٢٤٢]

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

ANSWERED BY:

Mufti Umar Farooq Rangila

Date: 12 Rabi-ul-Awwal 1448 / 25 August 2026

CHECKED AND APPROVED BY:

Mufti Yacoob Vally Saheb