If a bequest is found after the estate has been divided, the bequeathed item is returned from the heirs
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Fatwa number ( 1534 )
Q: My father fell ill in 1391 AH. On the 29th of Dhul-Qa'dah of that year, he wrote a bequest of one-third of his wealth, making it my responsibility, I being his son Abdullah, fearing that this illness would be one from which he would not rise from his sickbed. However, by the power of Allah the Exalted and Glorious, he lived for four years after recovering from this illness, until Allah the Exalted and Glorious chose him in 1395 AH. After the bequest was written and the one-third was placed in my hands, and after Allah healed my father, I believed that the bequest had been annulled. When we searched for it, we did not find it. When we grew tired of searching and looking for it and did not find it, we neglected the matter, since the testator was alive, well, and in good health. But the decree of Allah caused death to come to him on 2/1/1395 AH, after an illness, and he passed away without making a bequest before his death, may Allah have mercy on him. The wealth he left behind amounted to thirty-two thousand, one hundred and forty-eight riyals (32,148). The estate was distributed among the heirs: two wives, two daughters, and four male children. The money was finished after each heir took his share. On the date of
10/8/1396 AH, we found the paper of the bequest that had been written in 1391 AH, during his first illness, in which he bequeathed that one-third of his wealth be in my hands, I being his son. We are now confused about the matter; the money has been distributed and we do not know what to do. We fear sin, knowing that the deceased was blessed with righteous sons whose goal is to be dutiful to their parents. We ask you to inform us quickly.
A: If the matter is as stated, then what is equal to one-third of the original amount of money must be recovered from the heirs from the money they received. The amount is (ten thousand, seven hundred and sixteen riyals). One-third of each person's share is taken, and the total collected is one-third of the deceased's estate. It is to be in the hands of his legal agent to be executed in accordance with his legal bequest. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: My father fell ill in 1391 AH. On the 29th of Dhul-Qa'dah of that year, he wrote a bequest of one-third of his wealth, making it my responsibility, I being his son Abdullah, fearing that this illness would be one from which he would not rise from his sickbed. However, by the power of Allah the Exalted and Glorious, he lived for four years after recovering from this illness, until Allah the Exalted and Glorious chose him in 1395 AH. After the bequest was written and the one-third was placed in my hands, and after Allah healed my father, I believed that the bequest had been annulled. When we searched for it, we did not find it. When we grew tired of searching and looking for it and did not find it, we neglected the matter, since the testator was alive, well, and in good health. But the decree of Allah caused death to come to him on 2/1/1395 AH, after an illness, and he passed away without making a bequest before his death, may Allah have mercy on him. The wealth he left behind amounted to thirty-two thousand, one hundred and forty-eight riyals (32,148). The estate was distributed among the heirs: two wives, two daughters, and four male children. The money was finished after each heir took his share. On the date of
10/8/1396 AH, we found the paper of the bequest that had been written in 1391 AH, during his first illness, in which he bequeathed that one-third of his wealth be in my hands, I being his son. We are now confused about the matter; the money has been distributed and we do not know what to do. We fear sin, knowing that the deceased was blessed with righteous sons whose goal is to be dutiful to their parents. We ask you to inform us quickly.
A: If the matter is as stated, then what is equal to one-third of the original amount of money must be recovered from the heirs from the money they received. The amount is (ten thousand, seven hundred and sixteen riyals). One-third of each person's share is taken, and the total collected is one-third of the deceased's estate. It is to be in the hands of his legal agent to be executed in accordance with his legal bequest. 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.