FatwaPenangInheritance, Wills & Gifts
WASIAT KEPADA WARIS
Is a will valid if it leaves property to an heir and exceeds one third of the estate?
Short answer
The fatwa meeting ruled that the will made by the individual over her property in this case is invalid.
A reference, not a fatwa. First sentence of the summary below — read the original fatwa and consult your state authority before acting.
- Authority
- Penang State Mufti Department
- Date
- Status
- Fatwa committee decision
- Series
- Keputusan Fatwa Negeri Pulau Pinang (e-Fatwa)
- Topic
- Inheritance, Wills & Gifts
No evidence of gazettement in the source — this is not a gazetted fatwa.
Summary
The fatwa meeting ruled that the will made by the individual over her property in this case is invalid. The first reason is that the bequest was made to an heir. The second reason is that the bequest exceeded one third of the property.
Written in our own words from the original fatwa — check the source before acting on it.
Wasiat kepada waris adalah tidak sah.
Read the full fatwa on the Penang website (new tab)
How to cite
Cite the original fatwa and its authority. Rujuk Fatwa is only where you found it.
Penang State Mufti Department. “WASIAT KEPADA WARIS”, 28 February 1976. http://efatwa.penang.gov.my/fatwa_details.php?fatwaid=993. Found via Rujuk Fatwa: https://rujukfatwa.com/en/fatwa/validity-of-will-to-heir-exceeding-one-third/