Before his death, a man
made a will that a sum of money should be dedicated to his sister and her daughters. (Part No. 16; Page No. 396) He stipulated that a house or a piece of land should be purchased with the money, and that its revenue would go to his sister and her daughters. Twelve years passed without purchasing a house or any other thing. The sister is now in dire need of money. The trustee refuses to give her the money for fear of going against the stipulation of the testator. The sister and her daughters asked the testator's sons and they agreed that their aunt would take the money. Is this act permissible or not?
If the case is as you have mentioned that the sister and her daughters need the money, and that they cannot afford the house, it is permissible to give them the money to meet their needs as the testator's aim is to help his sister and her daughters. May Allah grant us success. May peace and blessings of Allah be upon our Prophet Muhammad, his family and Companions!