Should inheritance be distributed equally between siblings? Dr. Ali Fakhr, Director of the Sharia Account Department and Secretary of Fatwa at the Egyptian Dar Al Iftaa, said: It is permissible to divide the inheritance between male and female brothers equally.
If it is consensual between them, there is no objection to that. It must be consensual.
This came in the live broadcast that the house broadcasts on its page on the Facebook networking site to answer the citizens’ questions.
Should inheritance be distributed equally between siblings?
- To answer the question, a legal expert and a lawyer in cassation say that the legislator has authorized the provisions of dividing the bequeathed for all or some of his estate among his heirs or some of them during his lifetime, as Article 908 Civil states the following:
- The will is legal since it divides the estate’s notables among the testator’s heirs, such that the For each heir or some of the heirs, the amount of his share if the value of what was assigned to one of them exceeds his entitlement in the estate, the increase is a will.”
- Article 909 Civil states the following: “The division added to after death may always be referred to, and becomes necessary after the death of the testator.” Article 912 Civil also states the following: “The provisions of division in general, except for the requirements of unfairness, shall apply to division added to after death.
- And this is the answer
Is it permissible for a person to return in his will?
- These texts present the division of, which is the division made by the testator in his estate between his heirs during his lifetime. It is in the form of a will that may be reverted, and if it were not permissible to return to it, it would have been a transaction in the future. Should inheritance be distributed equally between siblings? And was void, so I made a will that may be referred to because the choice is excluded from the invalidity ruling.
- Dealing in the future estate, and Article 908 of those as mentioned earlier civil decides the general principle in this matter. It is copied from Article 13 of the Will Law No. 71 of 1946, which takes place as follows: “The will becomes by dividing the notables of the estate among the heirs of the testator so that each heir is appointed or Some of the heirs may have his share, and the death requires it of the testator.
- If the value of what was assigned to one of them exceeds his entitlement in the estate, the increase is a will”.
Explain that should inheritance be distributed equally between siblings?
- The explanatory memorandum to the will law says in connection with this text: “A new article was developed to enable the bequeathed to organize his estate and divide it among the heirs in the interest he sees fit. It is valid and effective – some Shari’s and Hanabl jurists said this – and based on what was stated in Article 38 of the permissibility of the legacy to the heir by a third without stopping the heirs’ leave.
- May the bequeather increase in some inheritance be distributed equally between siblings? He sees that the total growth does not exceed one-third of the estate if it is more than a third. The excess heirs shall be divided, one-third divided among the owners of the bidding shares in proportion to what each of them has increased, and the rest shall be returned to the estate, according to the legal expert.
- And this will refer to should inheritance be distributed equally between siblings?
Is it necessary for the inheritor to divide his estate among all his heirs?
- The bequeather doesn’t need to divide his estate among all his heirs. Instead, it is correct to allocate the share of some of the heirs without others.
- And the remainder of the estate to the rest of the heirs is ordinary among them, and whoever separates the bequeather his share in the estate may not exceed the value of his claim over his entitlement in should inheritance be distributed equally between siblings? Except by one-third of the estate, as this increase is a commandment.
- And dividing the testator is a will on the one hand, and a division on the other hand, since it is a will, the testator may always refer to it during his life, and it does not become necessary until his death – Article 909 of those as mentioned earlier civil – and since it is a division, the provisions of division apply to it, especially the provisions of guarantee Exposure, entitlement and the conditions of the shared privilege,
- Except for the provisions of unfairness, as they do not apply to the division of the legator, and we have presented that the testator may give one of the heirs more than he is entitled to, and the increase is a will.
- So the increase is therefore not unfair but is considered a will and is implemented without the leave of the heirs as long as it is within limits of one-third of the estate. Accordingly, the provisions of unfairness must be excluded.
The response of the Al-Azhar International Center for Fatwa to the problem
- Does this come when a question should inheritance be distributed equally between siblings? Be distributed equally between siblings? was previously received from the Al-Azhar International Center for Electronic Fatwas, is it permissible to distribute the estate of a living man to his children before his death? .. The response came as follows:
- Distributing a man’s should inheritance be distributed equally between siblings? Before his death is not permissible by Sharia because the end of the testator is a prerequisite for the estate. As a fetus separated dead in the life of its mother,
- Or should inheritance be distributed equally between siblings? The deceased is attached to the dead as a judge in the judgment of the death of the missing person and if the man spreads his left during his life.
- The heirs may take the entire estate and then leave the owner of the money without care or shelter, and in this case, the unfortunate consequences occur. “.
And now we all know the answer: should inheritance be distributed equally between siblings? In the above article. I hope. It’s helpful to you.
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