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Fatwa CenterSiblings and uncles do not inherit if deceased has a son
Question
Assalaamu ‘Alaykum; Please calculate the inheritance according to the following information -Does the deceased have male relatives who are entitled to inherit: (A son) Number 1 (A half brother (from his father)) Number 1 (A nephew from a half brother (from his father)) Number 1 (A full paternal uncle) Number 1 -Does the deceased have female relatives who are entitled to inherit : (A daughter) Number 1 (A half sister (from the father)) Number 1 - The Information about the missing relatives of the deceased are : A brother. He has cut himself from the family for over 10 years. When we try to contact him, he disowns us as family. - The will which the deceased left behind and that is related to his inheritance is : The will excludes the missing brother
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad 
is His Slave and Messenger.
If the deceased did not leave any other heirs except those mentioned in the question, then the inheritance should be divided amongst the son and the daughter only, with the son getting twice the share of the daughter as Allaah says (what means): {Allaah instructs you concerning your children [i.e. their portions of inheritance]: for the male, what is equal to the share of two females.}[Quran 4:11]
Therefore, the inheritance should be divided into 3 shares, with the son getting 2 shares and the daughter getting 1 share.
The other relatives of the deceased, such as the brothers and their children, the sister, the uncle, do not get anything from the inheritance because they are excluded by the existence of the son.
As regards the will that the deceased had made, it has no effect because the brother who cut his relationship with the family and disowns it – as you mentioned – is not one of the heirs as we have already mentioned.
This brother is not called a missing person because a missing person according to Fiqh terminology is one about whom there is no news, whose circumstances are unknown, and it is not known whether he is alive or dead. The Fiqh Encyclopedia reads: “The missing person is the one about whom there is no information and it is not known whether he is alive or dead.”
Allaah Knows best.
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