WILL (WASIYAT)
What is a Will?
“It is the legal declaration of the intention of a testator with respect to his property which he desire to be carried into effect after his death”
Who can make a Will?
Every Muslim of sound mind and not a minor may take a will to dispose off his property. Age of majority for the purposes of will is 18 years. In case of minor, of whose person and property, a guardian has been appointed by Court of Wards, the age of majority is deemed to be 21 years.
Under Shia Law, a will made by a person after he has done something towards commission of suicide, such as taking poison etc, is not valid.
Is there a prescribed form for Wills?
• Mohammedan Law does not have any prescribed form for a Will and such is not any legal formalities.
• It need not be in written nor it need be registered or attested.
• Even an oral will is perfectly valid.
However, the testator’s intentions with respect to his property which he desires to be carried out after his death, in whatever form they are declared, must be with sufficient clarity so as to be capable of being clearly ascertained.
Therefore, a will may be made in any manner whatsoever, provided it shows a clear intention to make it (whether such on acceptance is expressed orally or in writing) and shall take effect on acceptance, expressly or impliedly, by the legatee after the testator’s death.
What can be subject of a will?
A will may be in respect of:
• Any property or right which is capable of being transferred and is in existence at the time of testator’s death.
• Any benefit or right in such property for either a limited period or for the lifetime of the legatee.
Who can be a Legatee?
• A Will can be made for the benefit of any person or institution in existence at the time of the testator’s death.
• Invalid for an unborn child but valid for one who is in womb and is born within six months of the date of the will.
When does a Will become effective?
A will becomes effective and title to the property bequeathed is completed only with the legatee’s acceptance, express or implied, after the death of the testator.
Are there any testamentary limits?
Two-fold limitations are placed by Mohammedan Law on the power to make a will:
• Restrictions as to person to whom bequest may be made
• Restriction as to property of which bequest may be made
Therefore, a Mohammedan cannot, by will, dispose of more than 1/3rd of the surplus of his estate after payment of funeral expenses and debts. Under Shia Law is continued……tomorrow
