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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.

PerakGazetted

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.

Excerpt from the original fatwa · Perak

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/