Leaving a Will: Executor’s Duty When a Will’s Instructions Are Unspecified

Practical Laws of Islam as per the teachings of Imam Khamenei

Leaving a Will: Executor’s Duty When a Will’s Instructions Are Unspecified

English:

Question #1838:

A person appointed an executor and a supervisor. However, he did not specify what the appointees should do, especially in matters relating to the bequeathed share of one-third of his estate. What should the executor do regarding the administration of the share? Can the executor separate the one-third of the estate and spend it on charities and public services? Does it suffice for being entitled to the one-third of the estate to make a will and appoint an executor so that the executor is obligated to separate the one-third and to spend it?

Answer #1838:

If it is at all possible to discern the intentions of the testator, even by weighing the evidence and consulting the local tradition and custom, the executor should act according to his understanding of the testator’s intention and the areas of expenditure. Otherwise, the will would be deemed void due to its ambiguity and because the areas of expenditure are not specified.

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