Back to search
The question

How is the estate of a woman who died leaving a husband, three sons, two daughters, and her deceased brother's daughter to be distributed, knowing that the estate amounts to 50,0 Egyptian pounds, and does the brother's daughter have a share in it, especially after the deceased's dying wish: "Give to your brother's daughter, isn't she like my own daughter?"

Share this answer

Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

If a woman dies, leaving behind a husband, three sons, two daughters, and a granddaughter, and no other heirs, then the husband receives one-fourth due to the presence of children. The remainder is divided among the sons and daughters, with the male receiving the share of two females.

As for the granddaughter, she does not inherit because she is blocked by the direct son and the presence of a group of daughters.

If the deceased said concerning her granddaughter: "Give her [this] daughter of mine," the possibilities are as follows:

1. If she meant: "Give her a share like that of my daughter": This is a valid and enforceable bequest to the blocked granddaughter, provided it does not exceed one-third. So, the granddaughter is given a share like that of a daughter. The estate is then divided into 35 shares: the husband gets 8 shares, each son gets 6 shares, each daughter gets 3 shares, and the granddaughter, who is the legatee, gets 3 shares.

2. If she meant: "This is my daughter" and not "a share like that of my daughter": This is a valid bequest (because it is to a non-heir), and its estimation is left to the heirs, who may give her whatever they wish, because what was intended was a "part" or "portion" whose amount was not specified.

Summarized from the full answer at Ftawy · imported

Read the full answer on Ftawy
Source platform
Ftawy
Original fatwa ID
91865
Imported
Translation status
Source text, unreviewed
Read the full ruling
Read the full answer on Ftawy