Is a government payout after the demise of a person part of the estate?

Q: My father has passed away recently. He was working in a government school and was supposed to get a lump sum and a pension fund after he retired. He passed away before he could get the lump sum and pension fund. After the person passes away, the government pays this to the spouse or children. Does the money go into inheritance or does it go directly to the wife and daughters.

This is the summary of what the government pays out: The GEPF also pays annuities to qualifying surviving spouse(s) or orphan(s) of members who die while in service or after retiring.

Death while in service: The benefit paid is based on the member’s period of pensionable service. It is payable to the beneficiaries of the deceased member or, if there are no beneficiaries, to the member’s estate.

A: Whoever the money is given to by the government becomes the owner. The laws of inheritance will not apply because it is a gift from the government. The recipient becomes the owner and it will not be counted as part of the estate of the deceased.

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

 

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)