Debt owed to deceased’s estate

QUESTION: My late father passed away recently and we are finalizing the estate. The heirs are my mother, my brother and myself. My father loaned R100 000 to my brother who has been paying it off monthly. How will this aspect be resolved? ANSWER: 1. Your brother should...

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Murderer inheriting from victim

QUESTION: A person hired someone to kill his father, so that he can get the inheritance. The hitman killed the father. Does the son inherit? ANSWER: In the queried scenario, the son will not inherit. If it is proven that the murderer acted on behalf of the son, then...

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Father gifting property to his son

QUESTION: If a father signed over and transferred a house to his son, but he still oversees and manages the affairs of the house as is common nowadays, and all his belongings remain in the house, will the Hibah be concluded? If the father passes away, will it be...

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Resigning from executorship

QUESTION: At the final stage of submission, two of the heirs have refused to sign, stating that they were pressured into signing the initial agreement to distribute the estate in accordance with Shariah. As a result of this, the lawyer has no option but to proceed...

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Beneficiaries of a provident fund

QUESTION: With regards to nominating beneficiaries to a provident fund, do the beneficiaries have to be one's Islamic heirs, or can I nominate my wife as the sole beneficiary? ANSWER: We assume that your query pertains to an involuntary provident fund enforced upon...

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Inheritance of an illegitimate child

QUESTION: 1. Do children born out of wedlock inherit from their mother or siblings? 2. If the illegitimate child's parents get married after he is conceived, who is his lineage attributed to, and does he inherit from his "parents"? ANSWER: 1. Yes, an illegitimate...

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Inheritance funds stolen

QUESTION:- An amount of money needed to be distributed amongst heirs . Money from that amount was misplaced/missing/stolen. Should the shares be calculated according to the initial amount, or the amount after it went missing? ANSWER:- We assume that the inheritance...

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