Is It permissible for the grandparents to make a bequest that the house which they are residing,

Question ID: 
1796
jun***@gmail.com asks:

Question

Assalamualaikum, Is It permissible for the grandparents to make a bequest that the house which they are residing, will belong to a grandson 6year old, (the mother of the boy is not capable to look after him since divorce and gaining custody from the court, so stays with grand parents, And the reasoning of grandparent to bequest the house to the grandson is because he is looking after them, imagine a 6 yr old looking after 60 yrs old grand parents.), While the son who is very dutiful and always there for them ,was send to stay seperate because of mother in law and daughter in law disputes. Although they don’t stay together but the son always spend the weekend with parents and looks after every needs. Also is it permissible to mention it again and again in front of son that we (parents) have granted this house to the grandson who is living with us.and looking after us. What may be the consequences, please guide us. Jazak Allah.

Answer

Bequest or wasiyat can only be done in favour of some body who is not an inheritor. In the case mentioned , the grandson will not be an inheritor in the presence of the son. So the bequest in favour of the grandson will be valid to the extent of one third of the whole estate. The remainder will be distributed among the heirs.