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How is the estate of a deceased person divided if he left a full sister, and he has paternal uncles and a deceased paternal uncle who has a son, along with a will for one-third of the estate to his sister's daughters, and the contents of the residence to his sister, and a sum for ongoing charity? And how are non-cash assets divided?

1 min readAlso available in العربية

The estate of the deceased who left no child or parent, and has a full sister, two paternal uncles, a paternal aunt, and a paternal cousin, is divided as follows: The full sister receives one half, and the two paternal uncles receive the remainder by ta'sib (agnatic inheritance), while the paternal aunt and the paternal cousin receive nothing.

As for bequests, the bequest of the deceased to his sister (the heir) is not enforceable unless all heirs approve it. If the bequests exceed one-third of the estate, they are subject to the heirs' approval; otherwise, they are limited to one-third. If the heirs do not approve the excess, the deficit is distributed equally among all bequests.

Regarding non-cash assets (such as land and a car), they are divided by mutual agreement, or by usufructuary partition (muhayah), or by selling them and dividing the price, or by valuation then division. In case of dispute, the asset is offered for auction among the heirs, or a lottery is conducted among them, and anyone refusing to sell is compelled to do so if one of the heirs requests it.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

Read the full answer on Ftawy