Do the daughters' children of the deceased grandmother have the right to claim the will that the grandmother specified for her daughters, or is the will limited to the only surviving daughter, knowing that the grandmother was not aware of the death of two of her daughters when preparing the will and at the time of her death?
Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 2026
The grandmother's will to her two daughters who died before her is legally invalid and should not be taken by the living daughter or the children of the deceased daughters. This invalid will is considered part of the grandmother's estate because a will to a deceased person is not valid, and this is the view of Abu Hanifa and Al-Shafi'i. As for the will to the living daughter, it is a will to an heir and is only executed if all heirs agree to it. The matter should be referred to the Court to rule on the division of the estate due to the complexity of the issues involved.
Summarized from the full answer at Ftawy · imported
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- Original fatwa ID
- 186135
- Imported
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