The Inheritance of One Who Died While His Father Was Alive
Question :
What is the ruling of the Islamic Law on a man who died while his father is still alive, thereby preventing his sons from the inheritance, even though his young sons are poor? Is it permissible for us to give them anything, in spite of the objections of the others?
Answer:
It is lawful for a man, if his son dies while he is still alive and leaves behind children, to bequeath something to them, as long as it is less than a third of the estate, even if their uncles objected to that, because a man has the right to dispose of a third of his wealth after his death as he wishes. So if his grandsons do not inherit from him, it is preferred that he bequeath to them the inheritance of their father, whether it be a third, or less, according to his judgement. But if he does not do so, there is nothing for them, unless their uncles permit it.
Source:
Ibn Jibreen
Fatawa Islamiyah, Vol. 5 Page 88
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