How is the inheritance divided if the heirs are 6 sons, 8 daughters, and one wife, and the deceased's will states, "All his property for the wife"?
If the heirs are limited to the wife, sons, and daughters, then the wife receives one-eighth, and the remainder is for the sons and daughters, with the male receiving the equivalent of two females' shares. The estate is divided into 160 shares: the wife receives 20 shares, each daughter 7 shares, and each son 14 shares.
As for the deceased's will bequeathing all his wealth to his wife, it is not valid unless approved by the adult heirs, because it is a will for more than one-third and it is for an heir. This is based on the Prophet Muhammad's (peace be upon him) saying: "Indeed, Allah has given every rightful person his right, so there is no will for an heir."
The estate must be divided according to the -prescribed shares. It is advisable to refer inheritance matters to Sharia courts to verify all wills, debts, and rights before division.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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- Read the full answer on Ftawy