What is the legitimate legal ruling regarding the estate of a woman who died, leaving behind a male cousin and two daughters of a brother who had passed away before her, and she had bequeathed one-fourth of her estate to her brother's two daughters and three-fourths to charitable organizations, and she did not bequeath anything to her male cousin?
If a woman makes a valid will that exceeds one-third [of her estate], only one-third of it is executed for the heirs, based on the Prophet's (peace be upon him) saying to Sa'd: "One-third, and one-third is much."
The excess beyond one-third is contingent upon the heirs' approval. If they approve it, it is executed; if they reject it, it becomes void.
If the heirs do not approve the excess, and the bequeathed amount exceeds one-third, and the bequeathed amount is insufficient for the bequests, then the beneficiaries share proportionately in the one-third, similar to creditors who share proportionately in the money of a bankrupt person.
If the deceased woman has a paternal cousin who is her sole heir, and the will is for two daughters of a full brother and for charities: - If he approves the will, the estate is divided such that the two daughters of the brother receive one-fourth of the estate, and the charities receive three-fourths. - If he does not approve the will, then the two daughters of the brother receive one share, the charities receive six shares, and the paternal cousin receives sixteen shares.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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