Presents and Gifts: Ownership of Gifted Bank Funds Amid Conflicting Claims After Donor’s Illness

Practical Laws of Islam as per the teachings of Imam Khamenei

Presents and Gifts: Ownership of Gifted Bank Funds Amid Conflicting Claims After Donor’s Illness

English:

Question #1705:

While enjoying full mental capacity, my husband called in the bank manager and gave me, by way of gift, all the money in his account. This has been done with his own signature on the papers in the presence of the bank manager to the effect of giving me the right of withdrawal. Accordingly, the bank provided me with a check book which I used to withdraw money from the account. A month and a half later, his son accompanied him to the bank. When he was asked whether the money in the account was his wife’s, he nodded, “Yes”. When he was asked another question as to whether the money was his sons’, he nodded, indicating the affirmative. It is worth mentioning, though, that he was not mentally well then. Does the money belong to me or to my stepsons?

Answer #1705:

Since taking possession of the thing given by way of gift is a condition to owning it, and the transfer of the money in the bank by way of signature and issuing a check book cannot be regarded as sound, the said grant cannot be deemed shar‘ī. However, what you have withdrawn of money, while your husband was mentally well, is rightfully yours. Your husband’s remaining money in the bank should be part of his estate. Therefore, it has been transferred to his inheritors, on his death. Furthermore, his undertaking, while in a diminished mental capacity, is of no consequence.

-Imam Khamenei, Practical Laws of Islam, Importance and Conditions of Presents and Gifts