Leaving a Will: Must a Will’s Beneficiary Exist at the Time It Is Written?

Practical Laws of Islam as per the teachings of Imam Khamenei

Leaving a Will: Must a Will’s Beneficiary Exist at the Time It Is Written?

English:

Question #1829:

In order for the will to be valid, should its named beneficiary exist at the time of writing it?

Answer #1829:

In order for the will to be valid insofar as the transfer of property [from the testator to the beneficiary] is concerned, the beneficiary should exist, even if it is an unborn fetus, even before the stage of ensoulment so long as it will be born alive.

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