Wednesday, January 26, 2022 - 23 Jumada al-Akhirah 1443

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Can I dedicate my flat to my wife so it will not be part of the inheritance after my death?

Is it permissible to leave my apartment as a gift for my wife with the condition that this is only effective after I die with the approval of other inheritors (brother/father/mother/sister) while I'm still alive as the apartment is less than 1/3 of the total value of the inheritance?

Answer

It is permissible to give the apartment to your wife as a gift during your lifetime. Likewise, it is permissible that the bequest be implemented after your death following the opinion of the scholars who permit making a bequest of not more than one third of one's property to an inheritor.