Wills(under Muslim Law)

In Muslim law, the testamentary document called the will is called as Wasiyat . Will or Wasiyat is a document made by the legator in favour of legatee which becomes effective after the death of the legator. It enables a person to dispose of his own property to someone whom he wants to give after his death.

Thu Feb 11 2021 | Family Law | Comments (0)

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A Will, likewise called 'testament', is a lawful instrument that empowers an individual to discard his property to a person of his choic after his life ends. A Will is enforceable  exclusively after the end of the individual who made the Will. A Will is a legitimate presentation of the ownership  of property by an individual after his downfall. In Islamic law, a Will executed by a Muslim is known as 'Wasiyat'. The individual who executes the Will is called 'legator' or 'deceased benefactor', and the individual in whose favor the Will is made is known as 'legatee' or 'testatrix'.

The distinctive component of a Will is that it gets compelling after the end of the departed benefactor and it is revocable. In contrast to some other manner (for example deal or blessing), the deceased benefactor practices full authority over the property  till he is alive: the legatee or recipient under the Will cannot  meddle with it  in any way.

Significance of Wills

The object of Wills, as per the guidelines of the Holy Quran, is to accommodate the support of individuals from family and different family members where they can't be appropriately accommodated by the law of legacy. Simultaneously, the prophet has pronounced that the force ought not to be practiced to the injury of the legitimate beneficiaries. In this way, the Muslim law arranges to allow a man to part with  his property by blessing bury vivos, however, to forestall him, with the exception of 33% of his home, from meddling with the  Will with the course of the devolution of property as per the laws of legacy.

A Will offers, to the departed benefactor, the methods for adjusting somewhat the law of progression and empowering a portion of those family members who are avoided from legacy to get an offer in his property, and perceiving the administrations delivered to him by an outsider.

The custom of a Will under Muslim Law

Essentials of a Valid Will

Who can make a Will under Muslim Law?

Every significant Muslim (over 18 years) of a  sound mind  can make a Will.

To whom can a Will  be made in Muslim Law?

The topic of Will and its Validity

Disavowal of Will

What if the Legatee dies before the Will comes into Operation?

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