How is the inheritance to be divided among the mentioned heirs, taking into account the pregnancy of the deceased's son's wife, and a verbal will that his predeceased son's daughter be treated as his own daughter?
An oral will, if proven by the testimony of trustworthy witnesses or the acknowledgment of the heirs, is valid, as long as it is not for an heir, is less than one-third of the estate, and is equivalent to the share of a specific heir.
The issue is first resolved by determining the shares of the legal heirs, who are: the wife, who gets one-eighth, and the remainder goes to the sons and daughters by ta'sib (residuary heirship). Then, a share equal to that of a daughter is added for the legatee.
The estate is divided into 111 shares: the wife receives 13 shares, each son receives 14 shares, each daughter receives 7 shares, and the granddaughter (daughter of the son) who is the legatee receives 7 shares. The other mentioned heirs receive nothing due to being completely excluded by the deceased's son.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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