WILL Under Shia Law:
A testator may leave a legacy to an heir so long as it does not exceed 1/3rd of his estate. however if legacy to an to an heir exceeds 1/3rd, it is not valid unless the other heirs consent thereto.
If the bequest exceeds 1/3rd then on refusal of consent,it stands abated. As a norm, on refusal of consent, legal heirs will receive their respective shares in the deceased estate in designated proportions specified under the Mohammedan law of inheritance.
Where bequest is made of the entire property to one heir to the exclusion of the other heirs, the will be read as if it did not contain any disposition of the property.
A testator bequeath up to 1/3rd of his estate to a stranger and the same shall be valid without the consent of his legal heirs.
However a bequest in excess of 1/3rd may be validated by consent of the legal heirs.
A bequest for a pious or charitable purpose can only be made to the extent of the bequeathable 1/3rd , provided of course that the legal heirs of the testator consent otherwise.
Administrative Details
If bequest of corpus of any property is made subject the to a condition derogating from completeness of the bequest, e.g. that the legatee shall not alienate the property bequeathed, such conditions is void and the legatee will get property as if no conditions were attached to it.
A will may be altered or revoked by the testator in his lifetime.
Gift what is a Gift?
continued tomorrow....
