The Majlis Archive

Death and Wills The Majlis Vol 21 No 06, p.4

The deceased had made a wasiyyat of R20,000 in favour of a person (who is not an heir).

Question

The deceased had made a wasiyyat of R20,000 in favour of a person (who is not an heir). Before the winding up of the estate and distribution of the mayyit's assets, the beneficiary of the wasiyyat died. What is the position of the wasiyyat?

Answer

The death of the beneficiary prior to his acceptance of the benefit does not invalidate the wasiyyat (bequest). The R20,000 should be paid to his heirs. If the beneficiary is alive at the time when the wasiyyat is made, it (the bequest) is valid. The money will be paid into the estate of the deceased beneficiary and will be divided according to the rules of Inheritance.

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The Majlis Vol 21 No 06
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