How is the inheritance distributed among the mentioned heirs, taking into account the written will of 85,0 pounds for his young children, and the unacknowledged verbal will of three apartments for his adult children, and how are the remaining properties divided justly?
A verbal will is not proven by mere claim; rather, it requires legal evidence. Similarly, a written will that is not witnessed is not valid according to some jurists, while it is valid if it is in the testator's handwriting. If a will for an heir is proven, its execution is not binding, due to the Hadith: "There is no will for an heir." Its execution depends on the consent of the remaining adult, sane heirs. Whoever among them does not consent has the right to take their full legal share. Regarding some sons building apartments, it needs clarification whether the father gifted them the land or helped them with the construction. If the heirs are two wives, five sons, and four daughters, the wives receive one-eighth, equally divided between them, due to the presence of a lineal descendant. The remainder goes to the sons and daughters by ta'sib (agnatic inheritance), "with the male receiving the share of two females." The estate is divided into sixteen shares: two shares for the two wives (one share for each), two shares for each son, and one share for each daughter. All heirs are partners in every part of the real estate according to their legal share.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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