Leaving a Will 51item I am the eldest son of my father, hence I am responsible for performing any outstanding prayer and fast my father owed. However, my father has directed in his will that one-year of prayer and fast should be performed. How should I go about the fact that more than one year of prayer and fast is outstanding? A person directed in his will that his arable land should be used for repair work of the masjid. However, his inheritors sold the property. Can the will still be valid? And have the inheritors the right to do so? An inheritor can provide a proof, by way of a receipt or a testimony that the testator has paid an amount of money as religious tithes. Should the inheritor still be liable to pay the religious tithes of the estate? Is the permission of the inheritors, during the lifetime of the testator, to spend more than one third of the estate sufficient to make the will enforceable? Assuming that it is sufficient, is it permissible for the inheritors to change their mind after the death of the testator? In her will, a woman directed that one third of her estate should be spent on performing eight years of prayer that she had missed during her lifetime. She further instructed that the remainder should be spent on khums, repayment of maẓālim, and in other charitable causes. However, the executor knew for sure that she didn’t have to perform any prayer. Yet, he hired a person to perform prayer on her behalf for two years and paid them from the share of one-third of the estate; he spent the remainder in the war effort, khums, and repaying maẓālim. What is the position of the executor? The inheritance of a person was divided among his heirs, each of whom had officially registered his own share with the authorities. Six years later, one of the inheritors claimed that the deceased had verbally instructed him to give part of a house to one of his sons. A number of women testified in his favor. Should such claim carry any weight? In his will, a person has instructed that the prayer and fasting he missed during his lifetime should be performed after his death. He got martyred in the war, leaving behind a furnished house. If his possessions were to be sold to pay for hiring a person to do the job, this would leave his inheritors facing hardship, especially his fledgling children. What should the inheritors do about the will? Prior to her death, my mother instructed me to spend the proceeds from the sale of her jewelry in charitable avenues on Thursday nights. I have done so ever since her death. What should I do in the event of traveling to a non-Muslim country? A person has directed in his will that one-third of his property be set aside to be spent on his behalf. However, in a footnote to the will, he mentioned that the one-third share should be met from the proceeds of the sale of a house, which he instructed to be sold after 20 years from his departure. How should this share be calculated? Should it be confined to the house or the entire estate, especially if the proceeds of the sale of the house were not sufficient to make the one-third share? In his will, the deceased appointed me as the supervisor and his son as the executor of his will. Since the death of the son, I have become the only administrator of the will. However, for personal reasons, I have become increasingly busy, so much so that I hardly have time to attend to matters relating to the will. Is it permissible for me to change the areas in which the returns of one-third of the estate is going to be spent by giving them to a certain department to spend the income in charitable causes and for the poor and the needy registered by that department? A testator has directed in his will that his eldest son should perform hajj on his behalf with money paid from the proceeds of the sale of a piece of land he left. However, since the son could not secure the government permission to go to hajj at a good time and due to the spiraling cost of the journey, the proceeds of the sale of the land have become insufficient to pay for the expenses of hajj. Since this is the case, is it obligatory on the rest of the inheritors to help the eldest son out in order to enable him to act upon the will of the testator, or is it his responsibility alone? After 20 years of the death of her husband, and 4 years since her daughter sold her share of the estate, the wife of the deceased produced a document claiming that the entire estate of her husband belonged to her. However, she has maintained that she was in possession of this document all these years, yet she preferred to remain silent. Should the division of the estate among the heirs be ruled invalid, and so, the sale of the daughter’s share? Assuming that it is void, is it correct to annul the subsequent property deed which is held by the buyer of the property that was sold by the daughter? In order for the will to be valid, should its named beneficiary exist at the time of writing it? Is it permissible for someone to stipulate in their will that half of their estate be spent on holding a memorial service for them after they have passed away? Is it permissible for someone to set aside one-third of his estate or deposit the same with another person to be spent in his cause after his death? 1234