Leaving a Will: Using Estate Funds to Recover Usurped Property for Will Execution

Practical Laws of Islam as per the teachings of Imam Khamenei

Leaving a Will: Using Estate Funds to Recover Usurped Property for Will Execution

English:

Question #1862:

A person has directed in his will that specified amounts of profits from his property should be donated to the masjids and other charitable avenues. However, all his property was usurped. Salvaging the property would require some expense. Is it permissible to defray the expenses from the estate? And is the possibility of restoring the property from usurpation sufficient for the will to be deemed valid?

Answer #1862:

There is no objection to providing for the payment of the expenses arising from salvaging the property from the hands of the usurper from the profits of the property left by the testator pro rata. It is sufficient for the validity of the will that the property can meet the expenses arising from the provisions of the will, even after the efforts put into retrieving the property from the hands of the usurper. That is, even by spending some money in the process.

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