***** For other Fatawa, please click on the topics on the left *****

List Of Topics

فتاویٰ > Dealings > Wills

Share |
f:1230 -    Revoking any clause of a will
Country : Singapore,
Name : Muhammad Lateef Ur Rahmaan
Question:     One of the benefactors of my friend gave him a flat through his will and he gave it to my friend in written form.  He also mentioned this to my friend many times.  However, the benefactor’s sons objected to this and consequently, he apologized to my friend and revoked the will.  Once the will has been written, can it be revoked in this manner?  What does the Shariah say about this?
Answer:     If a person wills something to a person who is not the legal heir, it will be valid for up to 1/3rd of the total wealth left by the deceased.  However, the Shariah permits it that the person who makes the will can reverse the will.

As per the details that you have given, that person willed a flat to your friend.  If that flat was the 1/3rd part or less than 1/3rd part of the left-over wealth of your friend, then the will would have been executed in your friend’s favor.  If it had been more than the 1/3rd part, then your friend would have received only 1/3rd part of that flat and the rest would have gone to the heirs of that person.  However, since that benefactor has revoked his will, this will not be held valid anymore.

As mentioned in Hidayah, Kitaab Ul Wasaaya.

And Allah (Subhanahu Wa Ta’ala) knows best.

Mufti Hafidh Syed Ziauddin Naqshbandi Qadri

[Professor, Islamic Law, Jamia Nizamia,
Founder-Director, Abul Hasanaat Islamic Research Center]
All Right Reserved 2009 - ziaislamic.com