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The question

1. Is a will of one-third for a sole daughter who nursed her deceased mother Islamically valid? 2. Does the father inherit along with the paternal uncles, given that the father is both a husband and a paternal uncle? 3. Must the mother's verbal will be executed, which dictates giving her grandson a piece of land in exchange for him preparing her for burial and performing Hajj on her behalf, despite the objection of the heirs and children?

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

A mother's bequest of a piece of land or anything else is not valid unless approved by the adult, sound heirs, based on the Prophet's (peace be upon him) saying: "No bequest for an heir, unless the heirs permit it." If they permit it, it is executed; otherwise, it reverts to the estate.

Your share of the inheritance is half, and your father receives a quarter due to the existence of a direct descendant heir. The remainder is taken by him as a residuary heir if he is the closest male agnate.

The mother's promise to her son of a piece of land in exchange for performing Hajj on her behalf is valid if the value of the land is within one-third of the estate or less.

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Where this answer came from
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Ftawy
Original fatwa ID
66672
Imported
Translation status
Source text, unreviewed
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