If he has rights owed to his wife and bequeaths them to her, she takes them from the body of the estate
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The third question of Fatwa No. ( 1345 )
Q3: This man, during his lifetime, took his wife's rights and consumed them. Upon his death, he bequeathed to her a certain amount of land that he owned in exchange for what he had taken from her during his lifetime. Is this permissible or not?
A3: If the wife's rights that he took during his lifetime are established by the Shari'ah as a debt upon him, then the land he bequeathed to his wife in exchange for
what he took from her during his lifetime is permissible, provided that the amount he bequeathed is equal to the right established as a debt upon him. This is taken from the principal of the estate, not from the one-third. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q3: This man, during his lifetime, took his wife's rights and consumed them. Upon his death, he bequeathed to her a certain amount of land that he owned in exchange for what he had taken from her during his lifetime. Is this permissible or not?
A3: If the wife's rights that he took during his lifetime are established by the Shari'ah as a debt upon him, then the land he bequeathed to his wife in exchange for
what he took from her during his lifetime is permissible, provided that the amount he bequeathed is equal to the right established as a debt upon him. This is taken from the principal of the estate, not from the one-third. 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.