A will is made to direct that after one’s death, a certain task be done for them, or that a portion of their property be given in ownership to someone, or that they appoint someone as the guardian of their children and dependents. A person who makes a will is called “legator” or “testator” (and “testatrix” for females), and one who is appointed to give effect to a will is referred to as “executor” (Wasee).

Issue 1365: A person who makes a will (Musee) must be a sane adult, but a will made by a discerning ten-year-old child will also be valid provided that they make a will for good acts and purposes such as building a mosque or a school. A will must be made with a free will and choice and the person making a will must not be feeble-minded.

Issue 1366: The executor of a will must be a sane and trustworthy adult Muslim.

Issue 1367: If a person who is on their deathbed, bestows a part of their property as a gift to a certain person and makes a will so that after their death, another part of their property be given to another person, both the part which they give away as a gift while still alive, and the part which they give away in their will must be calculated and paid out of one third of their property, and if the sum of these two parts exceeds the one third, then the excess must be paid with the permission of the heirs.

Issue 1368: The expenses of the performance of an unperformed obligatory Hajj and the debts and dues like the one fifth levy (Khums), alms, and any unlawful gaining of a dead person which are obligatory to pay, must be paid from the estate of the deceased, even if they may not have directed in their will for these cases.

Q1369: Should a will necessarily be made in writing? Under what condition is an oral will acceptable? In the case of an oral will, should the witnesses have heard it directly from the deceased, or is it permissible to accept a quotation by others?

A: That which is necessary to observe is the attainment of the will as honestly as would please Allah; therefore, it is not necessary to take into consideration whether the will has been made orally or in writing. Hence, in whichever form it is attained, it must be executed; however, if it is in writing, it can be as a proof in bringing an action to court in case needed; and it is not necessary for any witness to state in what way a will has been obtained, and they can simply state that they witness that the deceased has willed such and such.

Q1370: If a person wills to be buried at a particular place, for example, at the place of their birth, and if, to execute this should cause no hardship and difficulty to the executor, what will the ruling be if the executor breaks the will?

A: With the said assumption, breaking the will is illegal and the executor has the right of exhumation with the permission of the relevant authorities.

Q1371: Is it permissible for a Muslim to will so as to be cremated and not buried after death, as is customary with the followers of some other religions?

A: Such a will is illegal, since a Muslim is respectable and their burial is obligatory, and if a person should make such a will and commit such a sin, it will be up to other Muslims to bury their dead body.

Q1372: If someone should will that after their death, their eyes, lungs, heart, or any other organ of their body be transplanted into other people who are in need of them, is such a will valid?

A: Such a will is permissible because what the person wills to be done is permissible. However, as a precaution, the permission of the heirs should be obtained as well.

Q1373: A person has willed that they have already given all that would have been due to their elder daughter from their estate at the time of her marriage, and that she has no right to claim for on the other heirs. In such a case, what are the other heirs obliged to do in executing the will? Is such a will religiously and legally valid? In case the other heirs are obliged to give her share of the property, then should it be given out of the whole legacy like the shares of other heirs or out of one third of it?

A: A will is only valid on one third of one's property and a person cannot deprive their heirs of their shares of inheritance. The executor and the heirs must execute the will on one third of the dead person's property. Thus, their elder daughter receives no share out of one third of the legacy, but inherits her share of the rest of the property.

Q1374: If a couple has some children including an adopted child, and if they have willed the adopted child one third of their property, then should this one third be calculated before sharing the whole legacy or after that?

A: If the parents have willed the adopted child one third of the property, then the one third must first be given to them; but if the parents have not willed the adopted child the one third, the child will have no right in it.

Q1375: A person died six years ago. This person had willed that one third of their property should be paid for performing their prayers and fasts and also returning their unlawful gaining. A part of their property is a residential house with the area of 440 square meters and one third of it makes 146 square meters which is nowadays worth 18000 Tomans per square meter, but the heirs only consent to 8000 Tomans per square meter. Is it permissible for the executor to sell the house to the heirs themselves for the price they suggest, i.e. 8000 Tomans per square meter?

A: With the given assumption, the property should be sold for its actual price and in this regard, it makes no difference whether the buyers are the heirs or others.