He make a will that his wealth be given to this adopted son after his death?

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He make a will that his wealth be given to this adopted son after his death?

Inheritance,Will and Testament,He make a will that his wealth be given to this adopted son after his death?

Fatwa No :

30059

| Date :

2017-01-24

Fatwa No : 30059
He make a will that his wealth be given to this adopted son after his death?

معاملات / ترکات / احکام وصیت

He make a will that his wealth be given to this adopted son after his death?

One of my relatives lives in America. He doesn’t have any children of his own. He has a son which he had adopted from the day he was born. He wants this adopted son of his to be will off after his death because an adopted son has no share in one’s inheritance. Can he give any of his wealth to this child as inheritance while he is alive? Can he make a will that his wealth be given to this adopted son after his death? Can his brothers and sisters deprive his adopted son from this will after his death? Which is the best procedure, and what percent of one wealth can be given as one’s will? The adopted son is currently 12 years of age.

الجوابُ حامِدا ًو مُصلیِّا ً

The questioner’s concern for the future of this adopted child is indeed praise worthy, but it will be sinful for him to give all of his wealth to this adopted child while totally depriving his actual inheritors. This should be avoided.
The questioner should follow either one of the two mentioned procedures: Either he should give him an appropriate amount of property, making him its actual owner and possessor (merely putting his name of the documents of the property will be insufficient), or make a will in the presence of witness that after his death, 1/3 or 1/6 of his legacy be given to his adopted son, which he must not be deprived of. In this way, both the adopted son and the actual inheritors will be considered.

مأخَذُ الفَتوی

کما فی در المختار: (وتجوز بالثلث للأجنبي) عند عدم المانع (وإن لم يجز الوارث ذلك لا الزيادة عليه إلا أن تجيز ورثته بعد موته)۔
وفیہ ایضاً: و) شرائط صحتها (في الموهوب أن يكون مقبوضا غير مشاع مميزا غير مشغول)(الی قولہ) (و تتم) الھبۃ (بالقبض) الکامل۔(۵/۶۵۰)
وکما فی الھندیۃ: رجل وهب في صحته كل المال للولد جاز في القضاء ويكون آثما فيما صنع، كذا في فتاوى قاضي خان.
و فیہ ایضًا: الموهوب له إن كان من أهل القبض فحق القبض إليه، وإن كان الموهوب له صغيرا أو مجنونا فحق القبض إلى وليه، ووليه أبوه أو وصي أبيه ثم جده ثم وصي وصيه۔ (۵/۳۹۲) واللہ اعلم بالصواب

And Allah knows best
وقاص احمدمشتاق عُفی عنه
دار الافتاء جامعه بنوریه عالمیه
Fatwa No 30059 Verify Now

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احکام وصیت
Will and Testament

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He make a will that his wealth be given to this adopted son after his death?        
    
    Question:
    One of my relatives lives in America. He doesn’t have any children of his own. He has a son which he had adopted from the day he was born. He wants this adopted son of his to be will off after his death because an adopted son has no share in one’s inheritance. Can he give any of his wealth to this child as inheritance while he is alive? Can he make a will that his wealth be given to this adopted son after his death? Can his brothers and sisters deprive his adopted son from this will after his death? Which is the best procedure, and what percent of one wealth can be given as one’s will? The adopted son is currently 12 years of age.
    Answer:
    The questioner’s concern for the future of this adopted child is indeed praise worthy, but it will be sinful for him to give all of his wealth to this adopted child while totally depriving his actual inheritors. This should be avoided.
The questioner should follow either one of the two mentioned procedures: Either he should give him an appropriate amount of property, making him its actual owner and possessor (merely putting his name of the documents of the property will be insufficient), or make a will in the presence of witness that after his death, 1/3 or 1/6 of his legacy be given to his adopted son, which he must not be deprived of. In this way, both the adopted son and the actual inheritors will be considered.