Is it permissible for the legal guardian to take from the will in return for his services?

342

Q 2: If a deceased person bequeaths that a third of their property be given for charitable deeds, is it permissible for the supervisor or the administrator of the will to take from this third in return for his services? Is it permissible for the administrator to add this third to his money if he is in need, or must he execute the will according to what is stated in it? Is this third considered as Waqf (endowment)? Appreciate your Fatwa, may Allah reward you with the best.

A: If someone dedicates a third of their money and specifies the ways in which it is to be spent and assigns someone to execute the will, it is obligatory on the executor to carry out the will according to what the testator states of legal ways. If the testator assigns part of the third (of the property) as fees for the administrator, this part becomes a right for him. If the deceased does not allot an amount but there is a customary fee that is taken by the executor, it is permissible to take it. If there are no customary procedures providing for this, the executor shall consult a legal official to define his fee. (Part No. 11; Page No. 277) May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.