Q. My father made a bequest for a number of non-heirs after his demise. Some are alive and some have passed away. Those that have passed away, do they families receive the bequests that were made for them?
A. If a bequest in made in favour of non-heirs after one’s demise, then the bequest made in favour of them will be valid up to one third of the estate provided that they i.e. the beneficiaries are alive at the time of demise.
If any of the beneficiaries of the bequest are not alive at the time of demise, then the bequest made in favour of them will be null and void and neither will their families be entitled to it. The remaining beneficiaries will benefit from the bequest in proportion to the shares allocated to them. (Lubaab 1/418)
Allah Ta’ala Knows Best
Mufti Ismaeel Bassa