Making a bequest for a non-heir

Q: My mother passed away 35 years ago my father never remarried. I am his only son and have two elder sisters. My father passed away recently leaving a will which stated that all his household content is to be given to my elder sisters child which is his grandchild. This child also has the first option to buy his house at market price. He has 15 other grandchildren. This has split the family as a grandchild may not inherit from him. The money from the sale of his house is to be divided equally between his three children. Can you please give advise as to the right way things should be done.

A: A bequest to a non-heir can only be made out up to one-third of the estate. If the contents are up to one-third of the estate then that should be given away. As for the instruction that the option of sale be given to the grandchild then this is null and void and baseless and not effective. The heirs can sell the house at the price they want to whomsoever they please.

And Allah Ta'ala (الله تعالى) knows best.


Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)