Tomorrow .. the decision on the constitutionality of the will from the grandfather to his grandson from his deceased son and daughter

Tomorrow, Saturday, the Supreme Constitutional Court, headed by Counselor Saeed Marei, will issue its ruling in the case calling for the unconstitutionality of Article 76 of Law 71 of 1946 regarding the will from the grandfather of his grandson from his son and daughter who died before him and also demanding the abolition of Articles 77, 78, 79 of the same law.

Article 76 states: If the deceased was not bequeathed to the offshoot of his son who died in his life or died with him, even if judging by what this boy was entitled to as an inheritance in his estate or was alive at his death, the offshoot in the estate shall have a will in the amount of this share within a third, provided that he is not an inheritor. And that the dead person should not have given him without compensation through another disposal as much as he must, and if what he gave him is less than him, a will is obligatory for him as much as he completes it, and this will is for the first-class family of the daughters ’sons and the children of sons from the children of appearance, even if they descended on what obscures the whole origin of its branch Without a branch other than it, and to divide the share of each asset by its branch, and if the division of the inheritance came down as if it was its origin or the assets that were given to the dead after him and their death was arranged as the order of classes.

Article 77 states: If the deceased bequeathed to the person for whom the bequest was due to be more than his share, the increase is an optional will, and if he bequeathed to him for less than his share, he shall have what is required to complete it, and if he recommended to some of those who were obligated to have the will without others, it is obligatory for the one who was not recommended to him as much as his share. The share of the one who was not bequeathed to him shall be taken, and the share of the one who bequeathed to him shall be paid less than what is required of the remainder of the third.

Article 78 states: The obligatory will is in front of other wills. If the deceased did not bequeath to the one for whom the bequest was obligatory, and recommended to others, everyone who was obligated to the bequest deserved the amount of his share of the remainder of a third of the estate, if he paid or else it is from him and from what he was recommended to others.

 

Article 79 states: In all the cases indicated in the two previous articles, the remainder of the optional will shall be divided among the beneficiaries of the quota, taking into account the provisions of the optional will.