Will of fathers which was made by his wife and brothers

Question ID: 27021

My mother and father divorced when I was 2 years old. My father never paid any maintenance towards my upbringing because he did not want any contact. He then remarried a woman who had 4 children from her previous marriage. My father then had 3 sons with his second wife. His sons are all adults now.

In January 2007 I found out that my father had cancer. I went to see him several times before he passed away in April 2007.

I have since discovered that my father’s wife and my father’s brothers made a will which my father signed only 5 days before he passed away. He signed this on his deathbed.

The will does not mention me either.

What is the family is obliged to do under Sharia? What does the Qur’an say?
Who has rights to my late fathers estate and who doesnt?
What should be my entitlement under Sharia?
How do you suggest this matter be approached and dealt with in a fair and just manner?
What should the family do if they have started distributing the assets already.


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Asked on August 15, 2008 12:00 am
Private answer

The executors must reconstruct the will to make it Shariat compliant.
The family must adhere to the above. All his legal children born in wedlock have Right to his estate. go to the local Ulema and request them to intervene. They should stop implementing any un-Islaamic procedures and resort to the Valid Shaari distributions.

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Answered on August 15, 2008 12:00 am