FatwaPerakInheritance, Wills & Gifts
Hukum Pelaksanaan Wasiat Wajibah
How is the obligatory bequest (wasiat wajibah) carried out for grandchildren whose parent died before the grandparent?
Short answer
The Perak Fatwa Committee ruled that grandchildren whose parent died before the grandparent are entitled to an obligatory bequest equal to their parent's faraid share, capped at one third of the estate.
A reference, not a fatwa. First sentence of the summary below — read the original fatwa and consult your state authority before acting.
- Authority
- Perak State Mufti Department
- Date
- Status
- Gazetted
- Series
- Fatwa Yang Diwartakan
- Topic
- Inheritance, Wills & Gifts
Gazette evidence in the source: No. Warta: 1294
Summary
The Perak Fatwa Committee ruled that grandchildren whose parent died before the grandparent are entitled to an obligatory bequest equal to their parent's faraid share, capped at one third of the estate. Grandchildren who inherit as fixed-share or residuary heirs are not eligible, nor are those of a different religion from the parent or involved in the parent's killing. If the grandparent has already given a gift or bequest of the due amount, the right lapses, and if it was less, the shortfall is made up. Distribution follows funeral matters, voluntary bequests and debts, using faraid principles.
Written in our own words from the original fatwa — check the source before acting on it.
cucu, berhak menerima Wasiat Wajibah dengan mengambil bahagian faraid bapa atau ibu pada kadar tidak melebihi 1/3 daripada harta pusaka datuk atau nenek.
Read the full fatwa on the Perak website (new tab)
How to cite
Cite the original fatwa and its authority. Rujuk Fatwa is only where you found it.
Perak State Mufti Department. “Hukum Pelaksanaan Wasiat Wajibah”, 21 April 2022. https://mufti.perak.gov.my/images/Fatwa/45.wajibah.pdf. Found via Rujuk Fatwa: https://rujukfatwa.com/en/fatwa/obligatory-bequest-for-grandchildren-perak-ruling/