INHERITANCE OF THE UNBORN

When the mayyit (deceased) is survived by a pregnant wife, it
is advisable to postpone the distribution of the assets until the
birth of the child. For the correct distribution it is essential to
know the sex of the child. The child may also be stillborn, in
which case it will not be an heir. It is also possible that twins or
triplets, etc. may be born.
If the heirs wish the assets to be immediately distributed, the
unborn child should be assumed a male, and the share of one
male should be set aside and held in trust. Then if a male child
is born, the distribution will be valid and final. If the child is a
female, the distribution will have to be rearranged by
distributing the extra to the heirs.
In some cases, the position will change profoundly. For
example: The heirs are a mother, a pregnant wife and 2 sisters.

The distribution is effected immediately. The unborn baby is
assumed to be a male. The division is as follows:
Mother obtains one sixth; Wife one eighth, and the assumed
son receives the balance of seventeen twenty fourths. The two
sisters do not inherit in this case.
However, when the child was born, it was a female. The
actual division will now be:
Mother one sixth; Wife one eighth; Daughter one half; the two
sisters will receive the balance of five twenty fourths.
This rule of postponing the distribution and rearranging the
distribution is not restricted to only the unborn child of the
mayyit. The same rule will apply to any unborn child who can
become an heir of the mayyit. For example, the deceased is
survived by his wife and mother. He also has a pregnant
daughter-in-law whose husband is deceased. In this case, if the
distribution is effected immediately, the division will be as
follows:
Wife one eighth; Mother one sixth; Unborn grandchild,
assumed to be a male, the balance of seventeen twenty fourths.
If the child is stillborn, the division will be rearranged as
follows: Wife one quarter and the mother will inherit the
balance of three quarters.