Saturday 13 Rajab 1444 - 4 February 2023
English

The son died before the father’s estate was divided; do the grandchildren receive a share of the estate?

Question

Do the heirs of my deceased brother – who is my brother through my father – have any share of the estate after my father died? Please note that my brother through my father died after my father died. Do his children inherit from our father alongside us, or not?

Answer

Praise be to Allah.

If someone dies and has children, then one of his sons dies before the estate is divided, then that son’s share of his father’s estate is not cancelled out by his death; rather your father’s estate should be divided among all of his heirs, including this son who has died, as if he were still alive. Then the share of this brother of yours should be given to his heirs, namely his wife and children and other heirs according to Islamic teachings.

And Allah knows best.

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Source: Islam Q&A