If the Heirs Do Not Consent to More than a Third Being Used

1. If a person made wasiyyat for Haj-e-Badal to be made on his/her behalf and then passed away. But the money he/she left behind was not enough for Haj-e-Badal to be made with a third of it. The heirs furthermore do not consent to more than a third being utilized for the wasiyyat and hence the Haj-e-Badal was not carried out. In this case the deceased will not be sinful.
2. The above applies to all types of wasiyyat. So, if a person had many Qadha Fasts and Salaats remaining, or Zakaat, and he/she passed away, the wasiyyat will be restricted to a third.
3. It is not permissible to use more than a third without the heartfelt consent of the heirs.

(Behshti Zewar)