Guardian of a child accepting distribution of an estate for the child

Q: I would like to ask about when a person dies and leaves behind inheritors: I have understood each inheritor gets part ownership in each item the person has left behind. Say for example that his spouse now owns 1/8 of every spoon, every chair etc he has left behind.

Rather than keeping shared ownership in everything, the inheritors will then generally agree to a distribution of the things amongst themselves. But if one inheritor is an underage child, who should accept the distribution on his behalf?

Also, the inheritors tend to agree to give certain things (such as clothes, books) in charity and throw away certain things that nobody wants. But a child cannot give his share away in charity. Does this mean that they would have to save all of these items until the child grows up before giving them away or throwing them away? Or is there any way around this?

A: His guardian will accept it on his behalf. The share of the child cannot be given away in charity. However, if the guardian gives the equivalent value of the items to the child, then he may do with the items as he pleases.

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


Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)