Imam Khamenei – Leaving a Will

Q1. Is leaving a will obligatory so much so that one could be sinful if they do not do it?

A: If the person keeps other’s belongings, owes something to somebody or he should perform some missed rituals (missed prayers, fasts, khums, zakat, kaffārah, maẓālim, haj), of which they could not discharge their responsibility, it is obligatory for them to leave a will. Otherwise, it is not obligatory.

Q2. 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?

A: 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.

Q3. Is it permissible for someone to set aside one-third of his estate or deposit the same with another person to be spent in his cause after his death?

A: There is no objection to it provided that the remainder of his estate, i.e. the inheritors’ share, is equivalent to double the amount that has been set aside.

Ayatollah Sistani – Will (Waṣiyyah)

Ruling 1. A will is an instruction by a person for certain tasks to be performed for him after his death. In a will, a person may state that after his death something from his property is to be owned by someone, or that something from his property is to be transferred to someone or be spent on charitable and good causes. In a will, a person may also appoint someone to be the custodian and guardian of his children and dependants. A person who gives effect to a will is called an ‘executor’ (waṣī).

Ruling 2. If a person who is unable to speak conveys his intentions by indicating, he can make a will for any task. In fact, a will made by a person who is able to speak but conveys his intentions by indicating is also valid (ṣaḥīḥ).

Ruling 3. If a document is found with the signature or seal of the deceased, in the event that there are contextual indicators that make it appear to be the deceased’s will, it must be acted upon.

Ruling 4. A testator (mūṣī) [i.e. a person who makes a will] must be of the age of legal responsibility (bāligh) and sane (ʿāqil); he must not be foolish with finances (safīh) and must voluntarily make the will. Therefore, the will of a child who is not bāligh is not valid unless the child is ten years old and his will is for his close relatives or for spending on general charitable causes; in these two cases, the will is valid. However, if he makes a will for other than close relatives, or if the child is seven years old and he makes a will that pertains to a small part of his estate, then the validity of such a will is problematic (maḥall al‑ishkāl), therefore, precaution (iḥtiyāṭ) must be observed here. If the person is foolish with finances, his will pertaining to his wealth is ineffective, but it is effective with regard to other matters, such as preparing his body for burial.

Ayatollah Makarem Shirazi – The Rules of the Will

Issue 1: The will (Wasiyah) is that people seek to establish a particular act after their death. This will is called the covenant will (Al-Wasiyah Al-‘Ahdiyyah), like someone making a will regarding matters related to his burial shroud (Kafan), the place of his burial and his ceremonies. Or someone makes a will that part of his property is the possession of an individual after his death. This will is called the will of transfer of property (Al-Wasiyah At-Tamleekiyyah). Or he specifies a caretaker or guardian for his children.

Issue 2: It is permissible for he who intends to make a will that he notes what he desires by words or writing. When he is unable to speak or write, it is permissible to make a will by gestures which convey his intent.

Issue 3: Conditional in the one making the will is that he be mature (Baaligh) and sane (‘Aaqil). However, the child who is in the age of ten who can distinguish between good and evil, when he desires to will a certain righteous act, like building a Masjid and school and hospital or he wills some matters for his relatives (that are) appropriate and reasonable, his will is proper. As such it is conditional that the one making the will not be incompetent (Safeeh) nor restricted from utilizing his property by the ruling of the Religious Authority and that he make the will with intent and free will and is not compelled nor forced.

Issue 4: It is not permissible for people to make a will for more than one third of his property, except when the heirs give permission for that, whether this permission was before his death or after his death. It is not permissible for the heirs to revoke their permission after his death, whether they had permitted it and given permission before his death or after it, according to obligatory precaution.