Spending the rest of the returns on charity after fulfilling the will regarding the one third

Q: My father (may Allah be merciful to him) bequeathed that one-third of his wealth be spent on five Ud-hiyahs (sacrificial animals offered by non-pilgrims), and that the remainder of the third be spent on repairing the real estate. We bought a building out of the one-third that yields good revenue exceeding the price of Ud-hiyahs. We, thus, want to spend the remainder of the third on charitable purposes such as building a Masjid (mosque) or the like. In this regard, one scholar, whose fatwa we sought, advised us to buy a building and then spend its revenue on charitable purposes if approved of by heirs. Otherwise, it should be distributed among heirs each receiving their Shar`y (Islamic legal) share of inheritance. Please, bear in mind that the heirs approve that the remainder be spent on charitable purposes. Please, examine a copy of the bequest mentioned above dated 7/5/1384 A.H. authenticated by the Chief Justice of the Court of Al-Mujamma`ah, Shaykh `Aly Al-Rumy on 16/1/1387. The following is an outline of its provisions: He bequeathed that one-third of his wealth in the future be spent on five Ud-hiyahs permanently; one on behalf of himself, another on behalf of his father `Abdul-`Aziz, a third on behalf of his mother Hassah bint `Abdullah Al-Fakhiry, the fourth on behalf of his uncle Muhammad ibn `Abdullah Al-Tuwijiry and the fifth on behalf of his wife Haya' bint `Abdul-Muhsin (Part No. 16; Page No. 391) Al-Rabi`ah. The remainder of the revenue of the third referred to above, after the Ud-hiyahs mentioned above, is to be used for repairing the third.

A: The remainder after spending out of the third's revenue on the specified purpose is to be spent on charitable purposes such as giving the poor, building or participating in building Masjids and the like. This is to be considered only after repairing what the Waqf (endowment) needs to be repaired. May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.