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Is the aforementioned division legally valid, given a will regarding half the inheritance for the deceased son's children, and a subsequent agreement to divide the inheritance equally? If it is not valid, should the difference be returned to the paternal aunts, or would that cause discord between the brothers and the paternal aunts?

1 min readAlso available in العربية

If the intention behind the contract is for the grandmother to bequeath half of the inheritance to the son's children, then there are four scenarios for this:

1. A will effective after death: This is considered a will for an heir and is not enforceable unless all heirs consent to it. Otherwise, the inheritance is divided according to Islamic law. 2. A gift during death illness (marad al-mawt): This takes the ruling of a will. 3. A gift during health before possession: Scholars differed on its invalidity if the donor dies before the recipient takes possession. Some consider it invalid, while others believe that the heir takes the place of the donor in facilitating possession. 4. A valid gift that was taken possession of during life: In this case, half of the inheritance becomes the property of the son's children, and the remaining heirs have no right to it.

If the deceased passed away leaving two daughters, four sons of the son, and one daughter of the son, then the two daughters receive two-thirds, and the remainder goes to the son's children (males and females) by way of ta'sib (residuary heirship), with the male receiving the share of two females.

Anyone who has taken more than their rightful share of the inheritance must return the excess to its rightful owners, and advice should be given to anyone who has done so.

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

Read the full answer on Ftawy