How is the estate of a woman who died leaving 40,0 to be divided, knowing that she had 3 sons and 5 daughters, and that she bequeathed all her money to her grandson without the knowledge of the other heirs?
The deceased's estate is divided among her sons and daughters by ta'sib (agnatic inheritance), with the male receiving the share of two females, in accordance with verse 11 of Surat An-Nisa. The amount is thus divided into eleven shares (two shares for each son, and one share for each daughter).
Money unknown to the heirs is their right, and they should divide it among themselves according to Islamic law.
Regarding the will bequeathing all money to her grandson: 1. A will is not legally valid without attestation. 2. If the heirs confirm the will, it is executed only up to one-third of the estate, unless the heirs permit the execution of more than one-third, in which case it is executed from the share of the adult and mature heirs among them. If they do not agree, two-thirds are returned to the heirs. 3. If the heirs do not confirm the will, the claimant must provide Sharia-compliant evidence. If evidence is provided, the legatee is entitled to his stated share; otherwise, the heirs receive all the money.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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