Q: Our father Sa`ud Muhammad ibn Jurays (may Allah be merciful to him) wrote a proxy and bequest document. The document states that one-third of his estate be spent on shrouding him and preparing his funeral in a manner equal to that of his peers. It also provides that the remainder of the third be spent on charitable purposes as beneficial to the poor and the needy as viewed proper by the executor. After his death, we counted the third to be his villa
In fact, he had asked that the third be the villa of
whose revenue is to be disposed of as provided by the bequest. This is what happened. We counted it as the third of the estate, to which no heir objected. Now however, some heirs are demanding a share of the revenue on the pretext of being poor.1- Is it permissible to divide the revenue, wholly or partially, while still abiding by the bequest?2- Should we give those deserving and those non-deserving. Actually, some heirs own a villa, others own nothing living in a leased home and receive no salary and others receive a salary and have their own dwelling.3- As for the executor, he appointed a Qur'an teacher in one of Al-Shifa' Masjids where more than one third of the villa's revenue is spent, while the remainder is spent on charitable purposes according to the bequest.
The remainder of the revenue after shrouding and preparing the funeral is to be spent on (Part No. 16; Page No. 406) charitable purposes according to the kinds provided by the bequest. Poor heirs should be given some of it for sustenance, while rich ones are entitled to no share of the revenue. May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.