How should the estate of the deceased be distributed if his widow is pregnant?

Answer

When the wife of the mayyit is pregnant, it is advisable to postpone distribution of the estate until the birth of the child so as to ascertain its sex. The child may also be stillborn, hence it will not be an heir.

Sometimes twins, triplets or quadruplets may be born.

If the estate is divided prior to the birth of the unborn child/ children, the division will not be valid. A redistribution will have to be effected. It is, therefore, best to delay the distribution until the child/children have been born. However, if the heirs decide on immediate distribution, the unborn should be assumed a male and the share of one male should be held in trust.

When the child is born a male, the distribution already effected will remain valid. If the child is a female, the distribution will have to be correctly re-arranged.