Fiqh of Inheritance, - Conditions of Inheritance

Just as inheritance has causes and impediments, it also has conditions
that should be fulfilled. They might be summed up in the following
three:
First condition: The death of the person inherited
This means that the owner of theinheritance should have died, since
his property cannot be inherited while he is still living. The death
of the owner of property might be:
In reality, i.e., he really dies and this is confirmed by observation
or the testimony of just witnesses;
In judgment, i.e., a judge passes a judgment of his death, like in the
case of a missing person when there is no hope of finding him.
Second condition:To learn that the heir is living after the inherited
person's death
It means that the heir of the deceased person should be alive at the
death of the owner of the inheritance. This might be:
Actually, in the sense that his being alive is proven by sight or the
testimony of just witnesses.
Potentially, i.e., to regard that he is probably living at the time of
the death of the owner of the inheritance; like in the case of
pregnancy, where the fetus is probably living in the sense that if it
is separated )from the mother's womb( and stays alive, then, the right
of inheritance would be affirmed to it.
However, if it is not known that the heir is living after the death of
the inherited person, like the case in which all members of a family
die in an accident, then, naturally, there would be no question of
inheritance among them.
Third condition: The absence of all the impediments of
inheritance)previously mentioned in the topic(.
If these three conditions are fulfilled, along with its causes, the
inheritance will be established, and the heir will have a share in the
inheritance of the deceased owner.