He replied:

Praise be to Allah. If what remains is insufficient to give her one dirham each day while leaving two dirhams for the heirs, she may receive only an amount that leaves two-thirds for the heirs. Nothing beyond one-third may be given without the consent of the entitled heirs, provided that whoever gives consent is an adult of sound judgment and legally competent to make a gratuitous disposition. If the person giving consent does not meet these conditions, or does not give consent, she is to be given nothing.

Even if the deceased left only the property, she is to receive from its income whichever is less: the dirham bequeathed to her or one-third of the income. If the income is less than three dirhams a day, she receives only one-third of it. Thus, if it is one dirham, she receives only one-third of a dirham. If she has taken more than one-third of the income, the excess is to be recovered from her. There is no disagreement among the scholars concerning this. And Allah knows best.

He was asked:

Concerning a woman who died leaving her father, her paternal uncle—her father’s full brother—and her grandmother. Her father had declared her to be of sound judgment before marrying her off. Then, during her final illness, she bequeathed half to her husband and the other half to her paternal uncle, leaving nothing by bequest to her father or grandmother. Is this bequest valid?

He replied:

The bequest to the paternal uncle is valid, but any amount exceeding one-third takes effect only with consent. No part of the bequest to the husband takes effect without the heirs’ consent. If the heirs do not consent to what exceeds one-third, the husband receives half of what remains after this bequest of one-third, the grandmother receives one-sixth, and the father receives the remainder, which is one-third.