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Is it obligatory for children to pay a portion of their father's inheritance to their mother, given that the father distributed all his properties among his children before his death?

1 min readAlso available in العربية

If the children did not take possession of what their father distributed or bequeathed to them until he died, then it is considered an inheritance to be divided among all heirs. However, if the children took possession of what their father gifted them during his lifetime and they began to dispose of it, then this gift falls into two categories:

1. If he gifted them the properties during a life-threatening illness: The gift is considered a bequest and is not enforceable for the heir unless the other heirs agree and it falls within one-third of the estate. Otherwise, the wife is entitled to her legal share. 2. If he gifted them the properties when he was not suffering from a life-threatening illness: It is considered a complete gift that has exited his ownership and does not enter into the inheritance, and the wife has no share in it.

If the wife is poor, her maintenance is obligatory upon her affluent children.

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

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