Leaving a Will: Validity of a Second Will and Actions Taken Under a Revoked Will

Practical Laws of Islam as per the teachings of Imam Khamenei

Leaving a Will: Validity of a Second Will and Actions Taken Under a Revoked Will

English:

Question #1835:

On his deathbed, a person appointed two people, one as executor and the other deputy. However, later on he changed his mind and informed both the appointees of his new decision. He wrote another will whereby he appointed one of his relatives in his absence as the executor. With the existence of the second will, would the first one still be valid? Suppose that the first two people, who were appointed by the deceased as his executors in the first will, acted according to the now revoked will, would their action be unlawful, so much so that they must repay the second executor what they had already spent from the deceased’s property?

Answer #1835:

After the deceased had changed his mind, during his lifetime, and dismissed the first executor, the latter should not have acted upon the will, after he had been told of his dismissal. However, any disposal of property by the dismissed executor should be dependent on the agreement of [the shar‘ī] executor. If the latter did not approve it, the dismissed executor must be made to pay compensation.

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