Disowning Heir

Answered according to Hanafi Fiqh by CouncilofUlama.co.za

Q: We are 3 children. My eldest brother disowned my parents and gave them no financial support. My second brother provided for our parents, mum had passed on and 11 months later he was shot and killed. He had bought shares in my dad’s name. My late bother had told me on the night before he was shot and killed, that if anything happened to him, our father was provided for financially and he must live with me until his death. My father had used the money from the shares while alive. He has passed on and according to his will he made me sole heir of the remaining shares. Am I supposed to give my elder brother a share even though my father has not included his name in the will? If I am to share it, can it be divided equally and does my deceased brother’s 30 year old daughter inherit too?

A:When your father passed away his heirs will inherit the shares. The will that he made in your favour is not valid. Therefore you and your elder brother will inherit half half if there are no other inheritors. Your father’s granddaughter will not inherit.

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