If the testator specifies a type of real estate in the bequest, it is not executed except to the extent of one-third, unless the adult heirs approve it
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Fatwa No. ( 17150 )
Q: We inform you that our father has passed away and he left a bequest , a copy of which is attached. Its text reads: “Saud ibn Muhammad ibn Abdullah al-Marzuq, being in full possession of his faculties as recognized by the Shari'ah, and in the presence of Saleh ibn Hamad al-Nasif, Rashid ibn Abdullah al-Marzuq, and Abdullah ibn Saud al-Marzuq, has made the following bequest: ‘It is obligatory for whoever completes the transfer of the plot of land located in al-Suwaydi to notify the notary public or the judge who will handle the transfer in my name that the ground floor be an endowment (waqf) in two portions: one for me and my wives, and the second for my mother and her son Rashid. As for the upper floor, its rental income shall be used to pay off my debts, and after that, it shall be an estate for the heirs. May Allah grant success.’ We ask Allah, then you, to validate the bequest of our father, the aforementioned Saud ibn Muhammad ibn Abdullah al-Marzuq.”
A: If the debts of the deceased are paid, and the bequeathed property from
the aforementioned plot amounts to one-third of the deceased's wealth or less, then the bequest is valid and must be executed as specified by the testator. However, if the bequeathed property exceeds one-third of what the deceased left after paying his debts, the bequest is not valid except with the approval of the heirs regarding the amount exceeding one-third, provided there are no minor heirs. If there is a minor among the heirs, the guardian is not to relinquish any part of the minor's right. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: We inform you that our father has passed away and he left a bequest , a copy of which is attached. Its text reads: “Saud ibn Muhammad ibn Abdullah al-Marzuq, being in full possession of his faculties as recognized by the Shari'ah, and in the presence of Saleh ibn Hamad al-Nasif, Rashid ibn Abdullah al-Marzuq, and Abdullah ibn Saud al-Marzuq, has made the following bequest: ‘It is obligatory for whoever completes the transfer of the plot of land located in al-Suwaydi to notify the notary public or the judge who will handle the transfer in my name that the ground floor be an endowment (waqf) in two portions: one for me and my wives, and the second for my mother and her son Rashid. As for the upper floor, its rental income shall be used to pay off my debts, and after that, it shall be an estate for the heirs. May Allah grant success.’ We ask Allah, then you, to validate the bequest of our father, the aforementioned Saud ibn Muhammad ibn Abdullah al-Marzuq.”
A: If the debts of the deceased are paid, and the bequeathed property from
the aforementioned plot amounts to one-third of the deceased's wealth or less, then the bequest is valid and must be executed as specified by the testator. However, if the bequeathed property exceeds one-third of what the deceased left after paying his debts, the bequest is not valid except with the approval of the heirs regarding the amount exceeding one-third, provided there are no minor heirs. If there is a minor among the heirs, the guardian is not to relinquish any part of the minor's right. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.