Whether a wife inherits from a full paternal cousin
Question
A man passed away leaving behind a wife, children of a full paternal cousin (five males and one female), one son of a full paternal cousin, two sons of a full paternal cousin, two sons of another full paternal cousin, a daughter of a full brother, a daughter of a full sister, a son of a full sister, and the wife of a full paternal cousin. He left no other heirs apart from those mentioned and no descendants entitled to a mandatory bequest. What is the share of each heir?
Answer
Since the aforementioned man died leaving no heirs other than those mentioned, the estate is divided as follows:
- The deceased’s wife is entitled to one quarter of the estate as an obligatory share due to the absence of an inheriting descendent.
- The sons of the deceased’s full paternal cousins receive the rest of the estate after the deduction of the wife’s share, to be divided equally among them as though they are the sons of a single full paternal cousin, inheriting as residuary heirs, due to the absence of any heir entitled to an obligatory share or a closer residuary heir.
- The daughter of the deceased’s full brother, the daughter of his full sister, the son of the deceased’s full sister, and the daughter of his full paternal cousin are not entitled to receive any share because they are all distant relatives who are deferred in inheritance until after those entitled to obligatory and residuary shares.
- The wife of the deceased’s full cousin is not entitled to inherit as there is no legal basis for her inheritance.
And Allah Almighty knows best.
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