What is the ruling of the mandated will for the girl whose father had died before her parental grandfather?

Answer

Praise Be to Allah and Peace Be Upon His Messenger.

Initially, the children whose father had died before their parental grandparents get their share from their parental grandparents depending on what is called the mandated will (a will left by the grandparent(s) to decide the share of their grandchildren whose father passed away; it must be equal the share of their father and must not be more than the third of their inheritance).

Shaikh Muhammad Ahmad Hussain, the General Mufti (Muslim Legal Scholar), in the Palestinian Legal Verdict Council was once asked whether the children of a deceased father get their inheritance from their grandparents or not, so he answered:

Allah has detailed inheritance shares, and He specifies that in the Holy Qur’an. Allah says: “It is prescribed for you, when death approaches any of you, if he leaves wealth, that he makes a bequest to parents and next of kin, according to reasonable manners. (This is) a duty upon Al‑Muttaqūn” Al-Baqarah: 182

Thus, the will was mandatory according to the Qur’anic verse. Later, Allah explained and detailed the shares of heirs. Consequently, the prophet stated: “Allah has appointed for everyone who has a right what is due to them, and thus, no bequest must be made to an heir. Sunan Abu Dawood.

This made scholars disagree. Some of them see that there must not be wills for heirs as the above-mentioned verse’s rule was cancelled by the later verses which specified the shares of heirs. However, others think that the rule of the verse was not cancelled and still there is a space for wills.

In respect to the first opinion, scholars see that the children of the deceased father do not get their share from their grandparents as their parental uncles get all the inheritance. However, other scholars see that the above-mentioned verse’s rule was not cancelled and depending on it the grandparent can leave their will to their orphan grandchildren. Thus the will in such a case has become mandatory.

This group of scholars see that the will should not be left to give shares to those who can get their shares, but it should be left to those who cannot; for example, it should be left to those whose father had died before their grandparents. This opinion is justified as their will be consequent harm if those orphan grandchildren do not get their share. What if their father helped in making that wealth, and then, his children do not get his right?

To solve such a problem, scholars approved the mandatory will.