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Ruling 2730

If a person comes to know that someone has appointed him as his executor and he informs the testator that he is not prepared to execute his will, it is not necessary for him to execute the will after the testator’s death. However, if he does not come to know before the testator’s death that the testator had appointed him as his executor, or he comes to know this but does not inform the testator that he is not prepared to execute his will, then as long as it does not cause him excessive difficulty (mashaqqah), he must execute his will. And if the executor becomes aware before the testator’s death but at a time when the testator is unable to appoint another executor due to the severity of his illness or for some other reason, then based on obligatory precaution he must accept to execute the will.