Executing a will: The Base and vice versa

Executing a will: The Base and vice versa

The concept of Executing a will: the will in the terminology of the jurists is: “property added to after death by way of donation, whether the property is in kind or usufruct”, and it is legitimate in the Qur’an and Sunnah, As for the evidence for its legitimacy in the book, it is God Almighty’s saying: {After a bequest or debt}

Executing a will

As for the Sunnah, it is the saying of the Messenger of God, may God’s prayers and peace be upon him: “God gave alms to you, upon your death, one-third of your money,” in addition to your deeds, based on the previous hadith.

Saying that Executing a will is not more than a third of the money, and what exceeds a third depends on the consent and permission of the heirs, and on the subject of the will and its provisions, this article will be devoted to talking about the rule not Executing a will of the deceased in addition to mentioning the conditions Executing a will.

The rule of not executing a will

much neglects the rule of not implementing the will of the dead, so that some Muslims do not care about it, and this is one of the common mistakes, as the implementation of the will of the dead is one of the obligatory matters that sinned from negligence in its implementation or in delaying it if it was specified at a time Ma’in

What indicates the urge to Executing a will?

Executing a will

Executing a will

 it is what was reported on the authority of Abdullah bin Amr that his father said: “Oh, Messenger of God, my father enjoined the freeing of one hundred slaves, and Hisham freed fifty on his behalf, and fifty slaves remained on him.

 If he was a Muslim, and you freed him from him, or you gave charity on his behalf, or you argued on his behalf, he would be informed of that.”

But if the Executing a will contradicts the rules of Islamic law, it is not permissible to implement it, and the testator and the executor are then sinful; Because this is one of the means of eating the rights and forbidden money.

Conditions for Executing a will

The will has several conditions, whether it is health conditions or conditions of enforcement, and these conditions include those related to the testator, including those related to the recommended, and those related to the recommended.

And the following is a detail of this: The conditions related to the testator.

The conditions related to the testator, including what are the conditions of validity, and what are the conditions of enforcement,  and here are some of the conditions related to the testator: that the testator be eligible to donate: that he be in charge, free and sane, and there is no dispute In that between a man and a woman, a Muslim and an infidel, and differed in the will of the discerning youngster; Some of them said that it is valid, and some of them said that it is not valid.

 Consent and choice: Executing a will of the testator is an affirmation, so it is necessary from where he is chosen, satisfied, not compelled, until his will is valid. This is because the debt is given precedence in payment over the will.

Conditions related to the bequest, the bequest may be either a public body or a legal person, or it may be a natural person,and the following are the conditions related to the bequeathed:

That the bequeathed not be a sinful party: Since the will of a Muslim is invalidated in the event that it is going to a sinful destination, and this is by the agreement of the jurists.

The conditions of Executing a will

 That the bequest is present, known, and worthy of ownership and entitlement:

  • The will is not valid for the non-existent; Because the bequest is titling and ownership is not permissible for a non-existent.
  • That the bequeathed not be an heir:
  • But this condition is related to the heirs’ permission, so if the heirs are permitted, there is nothing wrong with it.
  • Validity, including what are the conditions for entry into force, and the following is a statement of the recommended conditions:
  • It should be a titling property. To be owned by the testator. To not be in sin.

In order for the estate of a deceased person to be distributed in accordance with a will left behind, it is necessary to issue a probate order, which certifies the text of the will and gives it the effect of a judicial decision.

The application may be submitted by the heirs mentioned in Executing a will, as well as by any person concerned with the issue of the order.

Procedure stages

Heirs represented by a lawyer must submit the application online only.

Non-represented heirs may submit the application online, if one of the conditions allowing this is met as specified below, or an offline procedure.

You must complete, sign and submit a Will Request Form, along with documents that will be detailed later.

The application form is submitted to the Registrar of Inheritance Affairs whose last place of residence was the deceased in his or her area of ​​influence. It is possible to check the correct zone at l, ru hg, wd hg the website of the official guardian and custodian (see “Location of the processing zone” on the left side of the page – you must choose “Registrar for Inheritance”).

If the will is deposited with the registrar, the will will be taken out and transferred to the heirs.

Online application requirements

Executing a will

Executing a will

It is possible to submit an application for an order to execute a will by means of an online form, if one of the following conditions is met:

  1. The original will is with the applicant.
  2. The original will was deposited with the Registrar of Inheritance Affairs.
  3. The applicant has a copy of the will and the court decision for family matters, which made it possible to prove the will in the copy.
  4. In addition, applicants who are represented by an attorney are required to submit a Will Execution Order online.
  5. In the remaining cases, the application can only be submitted through non-online procedures (see details below).
  6. At each step of filling out the online form, the form with the details filled out can be saved to the computer.

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