If the beneficiary of a bequest dies before the testator, the bequest is not binding
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Fatwa number ( 11576 )
Q: I am married and have no children, so I wrote a bequest of the agricultural land I own to my nephew after my death. However, he died due to the war between the separatists and the government, and with him died his eight children and his wife. We do not know who among them died first or last. He has three living sons, and he also has a full sister. Who among us is an heir who will take from his agricultural land, and who will raise his children? And is it permissible for me to dispose of his wealth that I bequeathed to him after my death?
A: First: If the matter is as stated, then after settling the deceased's debt, if any, and then executing his lawful bequest, if any, the remainder goes to his three sons as residuary heirs, and his full sister gets nothing because she is excluded by the sons. Second: Your bequest of the land to your nephew is not binding until after the death of the testator. Since the beneficiary has died, it becomes non-binding, and you are permitted to dispose of it.
And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: I am married and have no children, so I wrote a bequest of the agricultural land I own to my nephew after my death. However, he died due to the war between the separatists and the government, and with him died his eight children and his wife. We do not know who among them died first or last. He has three living sons, and he also has a full sister. Who among us is an heir who will take from his agricultural land, and who will raise his children? And is it permissible for me to dispose of his wealth that I bequeathed to him after my death?
A: First: If the matter is as stated, then after settling the deceased's debt, if any, and then executing his lawful bequest, if any, the remainder goes to his three sons as residuary heirs, and his full sister gets nothing because she is excluded by the sons. Second: Your bequest of the land to your nephew is not binding until after the death of the testator. Since the beneficiary has died, it becomes non-binding, and you are permitted to dispose of it.
And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.