Bequeathing a certain property can be applied only for one third of the amount unless the adult heirs agree otherwise

Q: I would like to inform you that my father died and left a will. A copy of this will is attached to this letter and it reads as follows: In the presence of Salih ibn Hammad Al-Nasif, Rashid ibn `Abdullah Al-Marzuqah and `Abdullah ibn Sa`ud Al-Marzuqah, Sa`ud ibn Muhammad ibn `Abdullah Al-Marzuqah in full legal capacity has bequeathed the following: It is obligatory for the one who will be responsible for emptying the villa I owned in Al-Suwaydy to notify the notary or the judge who will undertake the process of emptying, that the ground floor will be Waqf (endowment) and two sacrificial animals will be given out of its revenue;one for me and my wives and the second for my mother and her son, Rashid. The rent of the upper floor will be paid to settle my debts. The rest should be distributed among my inheritors. May Allah grant us success. I want to authenticate the will of my father Sa`ud ibn Muhammad ibn `Abdullah Al-Marzuqah.


A: If what the deceased bequeathed of the mentioned villa (Part No. 16; Page No. 305) equals one third of his property or less after settling his debt, then his will is valid and should be executed as he mentioned. However, if the will is more than one third after settling his debts, it is not valid except if the heirs approve it provided that they are all adults. If some of the heirs are minors, the guardian does not have the right to dispose of the right of minors. May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.


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