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Can grandchildren inherit if their parent died first?

Under classical faraid, often not — a surviving uncle can exclude them. Several Muslim-majority countries addressed this by statute with an obligatory bequest.

This is legal information only. For advice on your own circumstances, speak to a lawyer.

Under classical faraid, often not — a surviving uncle can exclude them. Several Muslim-majority countries addressed this by statute with an obligatory bequest.

The Canadian position

Canadian anti-lapse provisions usually redirect a predeceased beneficiary's gift to their children.

So the two systems can produce opposite results for orphaned grandchildren.

The Islamic position

The classical position excludes a son's children where a son survives. It is not a gap the four schools disagree about.

The remedy scholars point to is the discretionary one third — provide for orphaned grandchildren there deliberately.

Across the madhahib

The four Sunni schools are not recorded as differing materially on this point in the sources reviewed. Where your own case turns on it, put it to a scholar of your school.

The mistake people make

This is one of the most emotionally difficult outcomes in faraid, and it is entirely fixable through the wasiyyah. Address it while drafting.

Note

This is legal information only. For advice on your own circumstances, speak to a lawyer.

Citations & sources

Every factual claim on this page traces to one of the references below. Legislation and dollar thresholds change — verify against the primary source before relying on any figure.

Islamic primary sources
  1. Surah an-Nisa 4:11 — shares of children and parents — Quran.com
  2. Surah an-Nisa 4:12 — shares of spouses and uterine siblings — Quran.com
  3. Surah an-Nisa 4:176 — the kalalah verse — Quran.com
  4. Sahih al-Bukhari, Book 85: Laws of Inheritance (Faraid) — Sunnah.com
  5. Sahih Muslim, Book of Inheritance — Sunnah.com
Scholarly & institutional references
  1. Egyptian Dar al-Ifta — Dar al-Ifta al-Missriyyah
  2. Research Papers — Cambridge Muslim College
  3. Research — Cambridge Muslim College
  4. Academics — Islamic law and theology curriculum — Zaytuna College
  5. Encyclopaedia of Islam — Brill
Canadian legislation & government
  1. Administering estates — Government of Ontario
Canadian legal commentary
  1. Estate trustee without will ontario — Treadstone Law
  2. What if will is lost ontario — Treadstone Law
  3. Summary judgment will validity ontario — Treadstone Law
  4. Expert witness civil litigation ontario — Treadstone Law
  5. Can a will override joint ownership survivorship ontario — Treadstone Law
  6. Challenging validity of a power of attorney ontario — Treadstone Law
  7. Wills & estates practice — Treadstone Law