If wealth is attached to the inheritance, then the bequest includes it
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Fatwa No. ( 287 )
Q: A man passed away to the mercy of Allah the Exalted, and he had bequeathed one-third of his wealth, specifying the destination of this one-third. He owned a property with appurtenances attached to it. The mother of Prince Majid sold a portion of the appurtenances on the grounds that they were attached to her, and a dispute arose. The mother of Prince Majid settled the matter with us for half the value. Is one-third of this value to be separated as an appurtenance to the one-third of the property, or are the appurtenances to be distributed as inheritance and the one-third to remain in the property?
A: If it is established that the deceased made a bequest, that he bequeathed one-third, that these appurtenances are attached to this property, and that the settlement reached was a valid legal settlement meeting its conditions and free from all obstacles that would prevent its validity, then the bequest includes the portion of the appurtenances pertaining to it. One-third is to be taken from them, or from their value if they were sold. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: A man passed away to the mercy of Allah the Exalted, and he had bequeathed one-third of his wealth, specifying the destination of this one-third. He owned a property with appurtenances attached to it. The mother of Prince Majid sold a portion of the appurtenances on the grounds that they were attached to her, and a dispute arose. The mother of Prince Majid settled the matter with us for half the value. Is one-third of this value to be separated as an appurtenance to the one-third of the property, or are the appurtenances to be distributed as inheritance and the one-third to remain in the property?
A: If it is established that the deceased made a bequest, that he bequeathed one-third, that these appurtenances are attached to this property, and that the settlement reached was a valid legal settlement meeting its conditions and free from all obstacles that would prevent its validity, then the bequest includes the portion of the appurtenances pertaining to it. One-third is to be taken from them, or from their value if they were sold. 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.