Is the legatee's share of the deceased's estate, which slightly exceeds one-third, disbursed after the estate has been divided among the heirs, or is he entitled to claim it before that based on the will, regardless of whether the heirs approve the excess or not? And what if his share is less than one-third; should he then await the collection and division of the estates, or is he entitled to claim it directly?

The will must be executed before the division of the inheritance if it does not exceed one-third, based on the Almighty's saying: "from after any will which he may have made or debt." If it exceeds one-third, only the one-third is executed, and anything exceeding it is not executed unless approved by the adult heirs. It is not permissible to alter or prevent a confirmed will, and whoever does so is sinful, based on the Almighty's saying: "Then whoever alters it after he has heard it, the sin is only upon those who alter it." If the will is for one-third of a specific item that does not exceed one-third of the inheritance, there is no objection to claiming it and taking it before the inheritance is inventoried. The will should be submitted to the Sharia court or to scholars for consideration of its validity and amount.