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The question

Do the deceased's two granddaughters—the daughter of the previously deceased son and the daughter of the previously deceased daughter—automatically inherit by obligatory bequest, or is it a condition for their bequest that the deceased explicitly wills it? And is the deceased's statement "Take care of so-and-so" or "Keep an eye on her" regarding her deceased daughter's daughter considered a will that necessitates a share in the inheritance?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

If the deceased left behind only a son and a daughter, the inheritance is divided between them, with the male receiving the equivalent of two females' shares.

A will is only established by a phrase indicating ownership after death, such as the testator saying: "I bequeath such and such to you," or "Give him such and such from my money after my death."

The deceased's statement: "Take care of so-and-so" or "Keep an eye on her" is not a legally binding will, and she is not entitled to anything by it.

The mandatory bequest (Al-Wasiyya Al-Wajiba), which is practiced in some countries, is a law that contradicts the opinion of the majority of scholars, and it does not require a will from the deceased for his grandchildren.

Summarized from the full answer at Ftawy · imported

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
135558
Imported
Translation status
Source text, unreviewed
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