Testament Deed/Will under Muslim Law: Essentials, Kinds, and Revocation
In Islamic law, the concept of wills is enshrined in the practice of Wasiyat, allowing individuals to distribute their estate after death. Here's a breakdown of its key aspects:
Essentials:
Competent Testator: The creator of the will (known as the testator) must be of sound mind and legal age at the time of making the will.
Competent Beneficiary: The recipient of the bequest (known as the legatee) must also be legally capable of receiving it.
Lawful Bequest: The subject matter of the bequest must be lawful and identifiable property.
One-Third Limit: Generally, Muslims can only bequeath up to one-third of their estate through a will without consent from legal heirs. Exceptions exist for specific situations.
Kinds of Wills:
Oral Will: Valid as long as witnesses can attest to its authenticity.
Written Will: More preferred for clarity and easier enforcement.
Revocation:
Express Revocation: The testator cancels the will through a new will or statement clearly declaring its annulment.
Implied Revocation: Actions by the testator, like selling the bequeathed property, imply intent to revoke the will.
Additional Points:
Legal heirs have the right to accept or reject the will.
Consent from heirs can allow bequests exceeding one-third of the estate.
Specific rules and interpretations may vary within Sunni and Shia schools of Islamic thought.
For further exploration:
Consult qualified legal professionals specializing in Islamic law for specific advice.
Consider online resources and databases providing detailed information on Wasiyat and its intricacies.
Remember, understanding these basics can empower you to make informed decisions about your own estate planning within the framework of Islamic law.