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37. Will (Waṣiyyah)

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  • Ruling 2721

    An executor must be sane; and with regard to matters concerning the testator himself, and, based on obligatory precaution, matters concerning others, an executor must also be trustworthy. Furthermore, based on obligatory precaution, the executor of a Muslim …

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  • Ruling 2722

    If a person appoints a number of executors for his will and gives permission for each of them to execute the will independently, it is not necessary for them to attain each other’s permission in executing the will. …

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  • Ruling 2723

    If a person retracts his will – for example, he states that the one-third of his estate4 is to be given to someone but then states that it must not be given to him – such a will …

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  • Ruling 2724

    If a person does something that demonstrates he has retracted his will – for example, he sells the house that he had left to someone in his will, or he appoints an agent (wakīl) to sell the house, …

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  • Ruling 2725

    If a person makes a will that a particular item is to be given to someone and thereafter makes a will that half of it is to be given to someone else, then half of that thing must …

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  • Ruling 2726

    If a person gifts part of his wealth to someone during the period of his terminal illness and makes a will that after his death some of his estate is to be given to someone else, then, in …

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  • Ruling 2727

    If a person makes a will that the one-third of his estate must be sold and the proceeds from it must be spent in a particular way, his words must be acted upon.

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  • Ruling 2728

    If a person states during his terminal illness that he owes an amount to someone, in the event that he is believed to have a vested interest in saying this, namely to inflict a loss on his heirs, …

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  • Ruling 2729

    If a person makes a will that something is to be given to a particular beneficiary, it is not necessary that the beneficiary be alive at the time the will was made. Therefore, if the beneficiary is alive …

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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 …

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