Leaving a Will: Validity of a Delayed Will and Executors’ Authority After Long Inaction

Practical Laws of Islam as per the teachings of Imam Khamenei

Leaving a Will: Validity of a Delayed Will and Executors’ Authority After Long Inaction

English:

Question #1841:

In his will, a person has instructed that the two executors he appointed should act according to the provisions stipulated therein. However, clause 3 of the will requires that all the property left by the testator be collected, that his debts be paid, and that his share of one-third of the estate then be set aside and spent according to clauses 4, 5, and 6. There was another requirement, i.e., after the lapse of 17 years, the remaining amount still outstanding from the share of one-third of the estate be given to the poor among the heirs.
Both the executors of the will could not manage to set aside the share of one-third of the estate, let alone act according to the above quoted provisions, even after the lapse of the appointed period of time. The inheritors claimed that the will has become void due to the time lag and that the executors have no right to remain in control of the estate of the deceased any more. What is your opinion about the matter? And what should the executors do?

Answer #1841:

Neither the will nor the power of the executors become void due to the delay in executing the will. Indeed, it is obligatory on the executors to act upon the will in spite of the time that may have passed. It is not permissible for the inheritors to harass the executors to execute the will unless their authority has been restricted by a time span and it is expired.

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