Thursday, November 23, 2017 - 4 Rabi' al-Awwal 1439
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Inheriting through a binding will

My father died in 2005 leaving a wife, three sons, and a daughter. His mother (my grandmother) died this year and left two sons (my uncles). Are we (myself, my two brothers, and my sister) entitled to the share of our predeceased father in whatever my grandmother has left? Please advise us if we have any right to a share in our grandmother’s inheritance.

Answer

Based on the law of the al-wasiyya al-wajiba [binding will], you are entitled to inherit just as your father would have had he been alive.

Definition of al-wasiyya al-wajiba

It refers to the right of children to inherit the share of a predeceased parent in the estate of a deceased grandparent. This share does not exceed one third of the estate.

Al-wasiyya al-wajiba applies if you live in a country that implements this law.

 

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