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Case 4 — A Grandson — Does He Have a Claim?

“My father died before my grandfather. Am I still entitled?” The most commonly misunderstood case of all.

Substitute HeirsGrandchildrenWasiat Wajibah

“I am Ali, the deceased’s grandson. Am I entitled to claim a share of my grandfather’s estate?”

The Facts

  • My father, Saifuddin, died on 1 January 2015 in a road accident.
  • He left three of us: my mother (Sarah), myself (Ali) and my younger sister (Nuha).
  • My grandfather, Ahmad (the deceased), died on 31 December 2022.
  • My grandmother, Aminah, had died around 2010.
  • My grandparents had only two children: Saifuddin (died 1 January 2015) and Safa (living).
The question. “People tell me I have no claim on my grandfather’s estate because my father died before he did.” Is that right?

Identify the Heirs First

To avoid any misunderstanding, we first have to establish who the rightful heirs to the estate actually are.

Original Heirs

  1. Saifuddin — son (died 1 January 2015)
  2. Safa — daughter

Substitute Heirs

  1. Ali — grandson
  2. Nuha — granddaughter

The Faraid Distribution

The answer. Yes — Ali is entitled to 2/6 of his grandfather’s estate as a grandson, through the concept of substitute heirs, even though his father died before the grandfather did.

I hope this helps.

Is your case different? A slightly different set of heirs can change the whole distribution. Send me the facts of your case on WhatsApp and I will help you check.
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