Mr. Ahmed passed away, leaving behind three sons and one daughter. His eldest son, Mohammed, had died several years before him, leaving two children.
After the grandfather’s death, an important legal question arose: what is the Grandchildren’s share of their grandfather’s inheritance? This question reflects a common concern about grandchildren’s inheritance rights under Bahraini law.
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Table of Content
Grandchildren’s share of their grandfather’s inheritance under Bahraini law
Under the Islamic inheritance system applied in the Kingdom of Bahrain, heirs and their shares are determined according to their degree of kinship with the deceased. When it comes to grandchildren, their right to inherit from their grandfather depends on several factors:
Children of a deceased son (grandchildren through the son)
If their father, who was the deceased grandfather’s son, died before the grandfather, while the grandfather still has other surviving sons who are the grandchildren’s paternal uncles, the grandchildren generally do not inherit directly from their grandfather.
In such a case, the grandfather may choose to leave part of his estate to them through a will, provided that the bequest does not exceed one-third of the estate.
Children of a deceased daughter (grandchildren through the daughter)
They generally do not inherit from their maternal grandfather, whether their mother is alive or has passed away, because their lineage is attributed through their father rather than through their maternal grandfather for inheritance purposes.
The role of the mandatory bequest in protecting grandchildren’s rights
Some legal systems have adopted what is known as the “mandatory bequest” to ensure that grandchildren receive part of their grandfather’s estate when their parent dies before the grandfather.
Under this system, the grandchildren may receive an amount equivalent to the share their deceased parent would have inherited had that parent still been alive, provided that the amount does not exceed one-third of the estate.
However, this system has not been adopted in all Muslim countries, and its application varies from one jurisdiction to another.
The lawyer’s role in inheritance cases and why legal representation matters
Inheritance matters can be complex and sensitive because they often involve both Sharia principles and applicable civil laws. A lawyer specializing in personal status and inheritance law can help by:
- Explaining the Sharia and legal rules that govern inheritance.
- Distributing the estate fairly according to the shares established by law and Sharia.
- Resolving disputes that may arise between heirs through lawful and amicable methods.
- Providing legal advice to protect the rights of all parties and avoid improper distribution or legal violations.
Appointing an experienced lawyer from a reputable law firm in Bahrain can help ensure that inheritance procedures move forward smoothly and reduce the risk of family disputes.
Frequently Asked Questions
Do grandchildren inherit from their grandfather if their father died before him?
Generally, grandchildren do not inherit directly from their grandfather if their father died before the grandfather and there are surviving paternal uncles. In this situation, the grandfather may leave part of his estate to them through a will.
Do a daughter’s children inherit from their maternal grandfather?
Generally, a daughter’s children do not inherit from their maternal grandfather, whether their mother is alive or deceased.
What is a mandatory bequest?
A mandatory bequest is a legal system under which grandchildren may receive a share equivalent to what their deceased parent would have inherited if that parent were still alive, provided that the amount does not exceed one-third of the estate. The application of this system varies from one country to another.
The Grandchildren’s share of their grandfather’s inheritance is a sensitive issue that requires a careful understanding of both Sharia rules and applicable inheritance laws. Seeking advice from a lawyer who specializes in inheritance matters can help ensure that the estate is distributed properly and that the rights of all parties are protected.
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For more related information, read: Paternal half-brother inheritance rules in Bahrain.
A Bahraini lawyer and the founder of a legal consultancy firm established in February 2019. He holds a Higher Degree in Sharia and Law from Al-Azhar University. He has extensive experience in court representation and providing legal advice in criminal, personal status, civil, and commercial matters. He is known for delivering clear, practical, and effective legal advice aimed at protecting his clients’ rights and interests, and has achieved tangible results in notable cases, including commercial litigation and inheritance matters
