My grandfather was afflicted with cancer, and after the disease had progressed, he traveled with my maternal uncle to London (England) for treatment. During his journey, my grandfather said to one of our relatives that he

The questioner : My grandfather was afflicted with cancer, and after the disease had progressed, he traveled with my maternal uncle to London for treatment. During his journey, my grandfather said to one of our relatives: "I bequeath one-third of my wealth to my maternal uncle." When he returned to Kuwait, he did not mention anything about this bequest until he passed away fifteen days later. The case was then referred to the court for review, where my mother, my grandmother, and my maternal aunts agreed to give the one-third to my maternal uncle in the presence of the judge. However, my maternal uncle stated: "The house, which serves as the residence for my grandfather and his sons, is included in the one-third." My question is: Is this bequest valid? What must the heirs do? And is the house in which we, the heirs, reside considered part of the bequest? We ask for guidance.

The Shaykh : The guidance in this answer is that since the matter has been brought to the court, the court should complete all aspects related to this case. If the heirs wish not to bring the matter to the court again and desire to reconcile among themselves, there is no blame on them for reconciling on whatever they agree upon, provided they are adults of sound mind.
If they do not reconcile, then your maternal grandfather's bequest to your maternal uncle is an invalid bequest, except for what the heirs approve of. This is because he, meaning your maternal uncle, is one of the heirs. The Prophet (peace and blessings be upon him) said: Therefore, we say that the house in which the heirs or some of them reside is under the authority of the heirs if there is no reconciliation. If they approve of the bequest to their co-heir, and they are adults of sound mind, this bequest is executed regarding this house, and the beneficiary is given his one-third. If they do not approve, the matter is up to them.
In summary, I say that the court, having initiated the case, should complete it. If that does not happen, then reconciliation is according to what they agree upon, provided they are adults of sound mind. If they do not agree on anything, then a bequest to an heir is not valid except with the approval of the other heirs. If the heirs do not approve of the house being included in the bequest, there is no blame on them, and the house becomes shared among them as an inheritance partnership.