What is the legal ruling concerning the will of a grandfather, who has no male children, bequeathing a house and land to his daughter's son, knowing that he has other heirs such as a wife, daughters, and paternal half-brothers, and that he left another piece of land for the heirs?
Since the daughter's son is not an heir, a will made in his favor is valid. If the will is within the limits of one-third of the estate, the grandson owns the house and its surroundings, based on the Prophet's (PBUH) saying: "Indeed, Allah has given every rightful person his due right, so there is no will for an heir." If it exceeds one-third, the heirs have the right to reject the excess or approve it. What remains after the will, the wife receives one-eighth as a prescribed share, and the daughters receive two-thirds as a prescribed share, and the remainder goes to the brothers by ta'sib (agnatic inheritance). This is provided that the heirs are limited to those mentioned. It must be noted that inheritance matters are serious and complex and should be referred to the courts for investigation.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- 82208
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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