Leaving a Will: Validity of a Bequest When Heirs Sell the Property Against the Will

Practical Laws of Islam as per the teachings of Imam Khamenei

Leaving a Will: Validity of a Bequest When Heirs Sell the Property Against the Will

English:

Question #1820:

A person directed in his will that his arable land should be used for repair work of the masjid. However, his inheritors sold the property. Can the will still be valid? And have the inheritors the right to do so?

Answer #1820:

If the will means that the arable land, itself, is to be sold to spend the proceeds in repair work for the masjid and the value of the property is not more than one-third of his estate, the instructions in the will should be implemented and there is no objection to selling the land. But, if the testator meant that the profit from the land would be spent in this avenue, the inheritors had no right to sell the land.

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