Inheritance of predeceased children
Question
In the event of a deceased parent’s estate, must any predeceased children also be included in the inheritance? Does the right of the predeceased child, if any, pass on to their children?
Answer
A predeceased person does not qualify as an heir. Accordingly, a predeceased child does not inherit from their parents. The rule is the same whether those who predeceased have children or not. [Hindiyyah 6:457]
Grandchildren may or may not be heirs depending on who the other heirs are. If the grandchildren are not heirs, a wasiyyah (bequest) can and should be made in their favour. In this way, they will benefit from the estate of their grandparents. This is a recommended practice. [Al-Fiqhul Islam 10:7563]
And Allah Ta’ala Knows Best
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