It is not permissible to exceed one-third of the estate without the heirs' consent

Question: The questioners state that they have an aunt who passed away, leaving behind her husband, a son, and two daughters of her full sister. They ask about the division of her estate. They mention that before her death, their aunt deposited 580 riyals with them and bequeathed that it be made into charity and a sacrificial animal for her and her parents, knowing that she had not fulfilled her obligatory Hajj.

Answer: Since the question states that the deceased had not fulfilled her obligatory Hajj, if she met the conditions for the obligation of Hajj and died before performing it, it is necessary to take from her estate what is needed to perform Hajj on her behalf, and to pay off her debts from what she left behind, if she had any debts. If anything remains, and the 580 riyals equal one-third of the remainder or less, her bequest is executed, provided it is valid according to the Shari'ah regarding the specified amount. If the amount is more than one-third, the portion exceeding one-third is not executed unless the heirs consent. As for what remains, if she has no heir with a fixed share other than the husband, and she has no residuary heir, her estate is divided into six shares: the husband gets half, which is three shares, and the remaining three shares go to the children of her sister, with males and females receiving equal shares, one share for each of them. And success is from Allah, and may Allah send prayers and blessings upon Muhammad, and upon his family and his Companions.