What is the ruling regarding the estate of a man who died, leaving behind a wife and a full paternal uncle, along with a will bequeathing half of the estate to his wife and the other half to the children of his sister who died before him?
The children of the deceased's sister do not inherit from their maternal uncle because they are not among the legal heirs. The rule is that anyone who traces their lineage to the deceased through a female does not inherit, with the exception of the children of the mother and the maternal grandmother.
The deceased's will to bequeath half to his wife (who is an heir) is not enforceable unless approved by the other heirs, as it is a bequest to an heir, and it falls between being disliked (makrooh) and forbidden (haraam).
As for his will to bequeath the other half to his sister's children, only one-third of it is enforceable without the consent of the heirs. Anything exceeding one-third is not enforceable except with the consent of the heirs.
If the deceased left no heirs other than his wife and his paternal cousin, then his wife receives one-fourth due to the absence of direct descendants, as Allah Almighty says: "But if you leave no child, then for them [the wives] is one fourth of what you leave." The remainder goes to the paternal cousin, based on the saying of the Prophet (peace be upon him): "Give the prescribed shares to those entitled to them; then whatever remains is for the nearest male relative."
The inheritance is divided into four shares: one share for the wife and three shares for the paternal cousin.
This matter should be referred to the Sharia courts or discussed directly with knowledgeable scholars to verify the heirs, wills, debts, and other rights.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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