The Executed Bequest, the Beneficiary’s Taking Possession, and the Heirs’ Approval

The questioner:
He says: Honorable Shaykh, may Allah grant you success. You mentioned, may Allah preserve you, that if a bequest is made to someone as an executed bequest, and the beneficiary is lazy until the testator dies, then the bequest enters into the estate. The question is: Is it permissible for the beneficiary to take possession of the bequest before the testator’s death? We ask for clarification and the resolution of this issue. May it be a gift.

The Shaykh:
If he gave him an executed gift, or if it became an executed bequest, it is a gift, not a bequest. Even if it is called a bequest, it is a bequest in the sense of a gift. Yes.

The questioner:
And one of his heirs, then the testator died, and the remaining heirs were satisfied with this bequest. Is it permissible or not?

The Shaykh:
It is permissible if they are satisfied and execute it. This is because the prohibition is for the right of the heirs. So if they are satisfied and approve it after the death, it is executed. Yes. And if they reject it, it is annulled. Yes.