Gifting Property During Terminal Illness

Question

Aunt gifted her inheritance to my minor son due to his service to her during her illness, in the presence of his siblings. Is the gift valid for her entire inheritance or just a third of it, considering that the aunt passed away due to the illness? [AR_ID:4664]

Answer 1

Peace be upon you.

Ayatollah Khamenei:

If a person's illness is connected to their death, there is no issue with the invalidity of their will regarding anything beyond a third of their estate, similar to other matters. There is also no issue with the validity of transactions related to their property, such as selling at market value or renting at fair rates. Furthermore, they can benefit from their property, such as eating, drinking, spending on themselves and their dependents, and hosting guests, as long as it maintains their dignity and status. In general, any expenditure with a rational purpose that is not considered wasteful or extravagant is permissible, regardless of the amount. The issue arises with gifts, endowments, charity, forgiveness of debts, and settlements without compensation, which are considered gratuitous transactions that may harm the heirs. The question is whether these transactions are valid from the outset, meaning they are valid and correct regardless of whether they exceed a third of the estate or even if they encompass the entire estate, leaving nothing for the heirs, or if they are only valid up to a third, with any excess requiring the heirs' approval for validity. The stronger opinion is that they are valid from the outset. There is no difference for the sick person between being fully conscious or otherwise, nor between a long illness or a short one.

Ayatollah Sistani:

If a person's illness is connected to their death, there is no issue with the invalidity of their will regarding anything beyond a third of their estate, similar to other matters. They can benefit from their property through eating, drinking, spending on themselves and their dependents, and hosting guests, as long as it maintains their dignity and status and is not considered wasteful or extravagant. There is also no issue with the validity of their transactional dealings related to their property if they do not involve favoritism, such as selling at market value or renting at fair rates. The issue arises with other transactions based on favoritism or gratuitousness, such as endowments, charity, forgiveness of debts, gifts, and settlements without compensation or at a value less than the market rate, which may result in a decrease in their estate. These are referred to as 'gratuities.' There is a debate on whether they are valid from the outset—meaning they are valid and correct regardless of whether they exceed a third of the estate or even encompass the entire estate, leaving nothing for the heirs—or if they are only valid up to a third, with any excess requiring the heirs' approval for validity. There are two opinions on this, and the correct one is the second.

May you be successful in all good.