Will

• Introduction:

The will is one of the important legal and Islamic actions that regulate the transfer of wealth after death. The Personal Status Law has given careful attention to its provisions—from its definition and essential elements to the conditions of its validity and execution, and finally to its nullifiers.

In this article, we briefly explain the essential aspects of the will as stated in the law, with reference to relevant legal texts.

• What is a will?

A will is a voluntary disposition of property that takes effect after the death of the testator.

In other words, a person donates a portion of their wealth to be executed after death, whether to a specific person, entity, or charitable purpose.

• Elements and Conditions of a Will:

The will consists of four elements:

- The format (oral, written, or clearly understood gesture)

- The testator (must be an adult and of sound mind)

- The beneficiary (can be Muslim or non-Muslim)

- The subject of the will (must be lawful, existent or potentially existent, and owned by the testator)

• Key Legal Provisions on Wills:

1. Execution of the Will

- It is executed if it does not exceed one-third of the estate.

- Any amount exceeding one-third requires approval from the heirs after death.

2. Will to Heirs

- It is not valid unless approved by the other heirs after the testator’s death.

3. Right to Revoke the Will

- The testator has the right to revoke or amend the will at any time, verbally or through action.

4. Time of Ownership Transfer

- Ownership transfers to the beneficiary upon acceptance, if specifically named.

5. Cases of General Beneficiaries

- If the will is made to a general group or a charity, it becomes binding upon the testator’s death.

6. Multiple Wills

- Making multiple wills does not cancel previous ones unless explicitly stated by the testator.

• Nullifiers of the Will:

- Revocation of the will by the testator.

- Death of the designated beneficiary before the testator.

- Rejection of the will by the beneficiary after the testator's death and before acceptance.

- Intentional killing of the testator by the beneficiary.

- Destruction or transfer of ownership of the willed property.

• Will during Terminal Illness:

Any gift made by a person during a terminal illness is considered a will. If the gift is in return for something but involves favoritism, only the favored portion is treated as a will.

• Important Legal Tips Regarding Wills:

- It is preferable to formally document your will to ensure its execution and avoid disputes.

- Consult a lawyer when drafting your will to determine what is legally permissible and what is not.