The will must be executed even if the heirs are in need of all the estate
9-6-2013 | IslamWeb
Question:
Asalam o Rehmato wa Barkato!!!!! We are a family of 5 member my parents and my younger a brother and sister.Sister is the youngest. My father who has retired from his job and he is getting Just his pension.He was work as a Junior assistant where he draw very poor salary.We brother and sister have not yet married. I am graduate person who is jobless for the last 5years and my brother who is in graduation and my sister in 12th final.My father is double heart replacement open heart surgery patient. We have some land in village whose valuation is not good and my village is also a backward one. My grand mother is no more in this world "May Allaha give peace to her soul and Jannat to her. Before dying she said to give one portion for her land to Mosque.But this was not written document.Now the people of that village after 10years want that the land should be sell and the amount to be given to mosque.This particular land is of good rate but if we give this land we will be in pathetic condition and as I have already describe you all about my family economic what will happen after this sell. So please give me solution in this regards.. Thanks Allaha Hafiz
Answer:
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His Slave and Messenger.
If the bequest of your grandmother, may Allaah have mercy upon and forgive her, is confirmed to you (her family), then it has to be executed. You have stated that she did not bequeath all of the land; rather, she bequeathed only a portion of it. Accordingly, if that portion equals one-third or less of her estate, then it must be paid to the mosque.
But if its value exceeds one-third of her estate, then if the heirs approve giving the mosque what exceeds one-third, it can be executed; otherwise, it should be executed with regard to one third only.
As for the fact that the will was not written or that the heirs are in need of all what your grandmother has left, then that does not invalidate her will.
Allaah Knows best.