And if she initially concealed what the executor held in order to obtain from him what had been bequeathed to her, that would excuse her before Allah, even if she had no evidence to establish it. For someone who knows that he is in fact entitled to money and takes it is acting on a legal interpretation, although scholars differ concerning the issues in this area. And Allah knows best.
He—may Allah have mercy on him—was asked:
Concerning an executor who relinquished his appointment before the judge, handed the money over to him, and requested his authorization for a formal record to be handed over: must the judge grant this request?
He replied:
If he needs this to protect himself from harm, the judge must grant his request. The purpose of adjudication is to ensure that rights reach those entitled to them and to prevent wrongdoing. This comes under enjoining what is right, forbidding what is wrong, and enforcing compliance. And Allah knows best.
He—may Allah have mercy on him—was asked:
Concerning a man who appointed two men as executors to look after his child, and they then exerted themselves to establish their appointment: may they recover from the orphan’s property the expenses they incurred in establishing it?
He replied:
If they undertook the executorship without remuneration, whatever they reasonably spent on establishing their appointment is chargeable to the orphan’s property. And Allah knows best.