Ruling on executing the deceased's bequest to perform Hajj on his behalf from his wealth

Question:
We move on to another message, and another topic. The message reached the program from Yemen, the Hajjah region, and its sender is our brother, Rabi' Ali Jiran Hajuri. Our brother says: I have a mother who passed away into the mercy of Allah twelve years ago. She had three children: two of them have passed away, and only Allah and I, the poor servant of Allah, remain. My father is still alive, and he has another wife, and she has children with my father.
The late mother left behind a small amount of money, and I have not taken anything from it; it is with my father. Before the passing of my late mother, she bequeathed to me a Hajj for her—visiting the House of Allah the Sacred—in exchange for this money she left behind. This money is with my living father, and I requested this money from my father, but he refused to give me any amount. It is known that my mother said: You will not perform Hajj except from her actual money that she left behind.
The question now is: Is it permissible in the Shari'ah for my father to seize the money of my late mother without justification? And is it valid for me to perform Hajj for her from my own personal money?
Please kindly provide the ruling. May Allah reward you with good for me.

Answer:
First: You say: "except Allah, then I."
Second: Your use of "the late one" (al-marhumah), this assertion has no basis. But you should say: "My mother—may Allah have mercy on her—prays for her, or may Allah forgive her," and not say: "the late one" or "the one who has been forgiven"; because this is known only by Allah. So asserting things like "the late one" or "the one who has been forgiven" is not permissible; because the people of the Sunnah and the community do not testify for anyone with mercy, forgiveness, Paradise, or the Fire, except for those for whom Allah has testified, or for whom the Messenger (peace and blessings be upon him) has testified with that. So such speech occurs from many people who say: "The late so-and-so," "So-and-so the late one," "So-and-so the one who has been forgiven," and this is not befitting. Rather, it is obligatory to say: "May Allah forgive him, may Allah have mercy on him," without assertion.
As for this bequest: It is obligatory upon your father, and upon you, and upon all the heirs, to execute her bequest in one-third or less. They should execute the Hajj in what reaches only one-third or less, if she had performed Hajj. But if she had not performed the obligatory Hajj, her situation is looked into. If she was wealthy in her life and capable, then it is obligatory to take out the Hajj from her money before anything else, like a debt; Hajj is performed on her behalf. But if she was not wealthy in her life, and the money she left behind is little, such that she would not be considered wealthy in her life, then her bequest is executed in one-third or less. So one-third is taken from her money, and you perform Hajj with it as your mother bequeathed to you. And if you leave the money to your father and perform Hajj for your mother from your own self, so that there is no dispute, enmity, hatred, or estrangement between you and your father, then there is no harm. Perform Hajj for her from your own self, and praise be to Allah. And if you leave the money to your father, then you are in a good state and rewarded, for the great right of your father, and because in leaving that is a distance from enmity between you and your father.
The point is: the realization of the Hajj. So if you perform Hajj for her from your money, and you do not need her money, out of consideration for your father's feelings, then there is no harm in that and no blame. Rather, that is what is required and it is the better and more preferable, to cut off the cause of dispute between you and your father. And Allah is the Helper.

The presenter: And Allah is the Helper, may Allah reward you with good.