He Died and He Had Not Bequeathed Anything

Question:

A man with a family possessed wealth, and all of his children were legal minors, the eldest of them being eight years old. He died suddenly and he did not bequeath any of his property - bearing in mind that if he had remembered to make a will before his death and matters pertaining thereto, he would have bequeathed something. Is it permissible to take anything from his wealth, or is it enough (to spend from it) on righteous deeds, such as Hajj, Umrah, animal sacrifice and the like? Please advise us.

Answer:

It is not necessary for the heirs to take anything from his property, but if they do, taking a specific amount jointly, such as a third, or a quarter or the like, or they take a fixed amount of Dirhams and give them as charity on his behalf, or purchase for him some real estate, that would be an endowment for Allaahs Face - Most Glorified, Most High - and if its income is spent on charitable projects and good deeds, they will be rewarded for it, and that is an act of righteousness to ones parents, but it only right for those who are mature age to do this. As for the legal minors and the one who is grown but not legally competent, it is not permissible for their guardian to remove anything from his share. And Allaah is the Granter of success.

Source:
Shaykh `Abdul-`Azeez Bin Baz
Fatawa Islamiyah Vol. 5 Page 68