Leaving a Will: Changing a Bequest in a Will and Responsibility for a Sick Parent’s Care

Practical Laws of Islam as per the teachings of Imam Khamenei

Leaving a Will: Changing a Bequest in a Will and Responsibility for a Sick Parent’s Care

English:

Question #1836:

In his will, a person directed that certain property should be given to one of his sons. Two years later, this person changed his will. Would this change of heart be shar‘ī? And suppose that the person is ill, to such an extent that he needs care, would the responsibility of providing such care fall on the shoulders of his eldest son, who is the executor of his will, or should it be shared among all his inheritors?

Answer #1836:

There is no legal impediment to changing one’s mind regarding the will one wrote provided that one does it while still enjoying a healthy mental condition. In this case, the recent will is valid according to shar‘. As for the provision of care, it has to be catered for by employing a nurse with money paid by him [the father]. If he cannot afford it, the responsibility should rest equally with all those, among his children, who can afford it. Therefore, it should not fall solely on the shoulders of the executor.

-Imam Khamenei, Practical Laws of Islam, Importance and Conditions of Leaving a Will