Rafiq-ul-Haramayn - Islamic School System - Dawat-e-Islami

Rafiq-ul-Haramayn 149
17. If one performing Hajj Badal forgot to make intention while
putting on Iḥrām, he can make it before the commencement of
Hajj-rites. (ibid, pp. 18)
9 Madanī pearls regarding Hajj Badal
1. If the one to whom the will was made nominates someone to
perform Hajj Badal but the nominated person performs Hajj
Badal the next year instead of performing it the year he was
asked, the Hajj Badal would still be valid. There is no penalty on
the nominated person. (‘Ālamgīrī, vol. 1, pp. 260)
2. It is necessary for the performer of Hajj Badal to return any
remaining money even if it is a small amount. It is not
permissible for him to keep it. Even if he had made a deal that
he would not return the remaining money, he would still have
to return as such a deal is invalid. However, he may use the
money in two cases:
i. The sender had already designated him as his attorney
to gift the remaining money to himself and take it in his
custody.
ii.
If the sender is on death bed and makes will to the
performer of Hajj to keep the remaining money, so he may
keep money in these cases. (Mulakhkhaṣ az: Baĥār-e-Sharī’at,
vol. 1, pp. 1210; Durr-e-Mukhtār, Rad-dul-Muḥtār, vol. 4, pp. 38)
3. It is better to send such a person for Hajj Badal who has already
performed his Farḍ Hajj. However, if the one who has not
performed his Hajj is sent for Hajj Badal, it will still be valid.
(‘Ālamgīrī, vol. 1, pp. 257) It is Makrūĥ Taḥrīmī to send such a person
for Hajj Badal who has not yet performed his own Hajj despite
it being Farḍ for him. (Al-Maslak-ul-Mutaqassiṭ lil-Qārī, pp. 453)