SCC 11/29/16/2008

This case involved the inheritance claim of a child who had been born after his father's death and had not been included in the heirs' document as his mother had not known she was pregnant. The case detailed the evidence which was used to prove the claim.

Background

A woman filed a case before the Mecca General Court and stated her husband had died on 22/03/2006 and she had been suffering pain in her stomach for one year before his death and after it. The woman had been diagnosed as being seven months pregnant and had given birth to a male child on 17/01/2008. She requested the court add him to the heirs' document.

The woman's sons and daughters were brought to the court and all confirmed the baby was their brother and their mother had been pregnant when their father died.

The woman provided the heirs' document to the court. The judge asked the woman why she had not reported the pregnancy in the document and the woman stated the document had been written one month after her husband's death and she had not known of her pregnancy at the time.

Decision