A man died in a car accident without bequeathing
any of his money to charity or leaving any information about any debts. He did, however, leave a good amount of money to his wife, and young children. Is it permissible to take one-third or a quarter of what he left to give to charity on his behalf without consulting his heirs as he did not bequeath anything? Please advise us, may Allah be merciful to you!
If the reality is as you mentioned, it is not permissible to take anything from the money to give in charity on behalf of the deceased, except with their permission, if they are legally competent to dispose of it. It must be taken into consideration that the guardian of the minors does not have the permission to do this. May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.