Leaving a Will: Executor’s Responsibility When Will Instructions Are Based on Incorrect Assumptions

Practical Laws of Islam as per the teachings of Imam Khamenei

Leaving a Will: Executor’s Responsibility When Will Instructions Are Based on Incorrect Assumptions

English:

Question #1840:

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?

Answer #1840:

It is obligatory that the provisions of the will are adhered to as the deceased has stipulated. It is not permissible for the executor to overlook any of it. Any money the executor spent contrary to the testator’s wish should be compensated with the executor’s own money.

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