1. Difference between Shia and Sunni Law:

Main Differences between Sunni Law and Shia Law in matter of Will fall under the following heads:

1. Bequest to an heir.
2. Bequest to an heir and stranger.
3. Bequest to unborn person.

1. Bequest to a testator's murderer.

1. Bequest to an heir 

(1 )Sunni Law :

.Under the Sunni Law a bequest in favour of an heir is not valid unless the. other heirs consent to it after the death of 'the testator. The consent during the lifetime of the testator is of no effect because of the traditional saying of the Prophet : 'God' has allotted to every heir his particular right*, and also because a wit) in favour of some only of the heirs is an injury to the rest. Therefore, if It were deemed legal, it would induce a breach of the ties of the kindred. Further such favouritism would lead to unequal division of property by unreasonably reducing the shares of the neglected and unfortunate heir and would thereby defeat the policy of the Quranic injunctions as to division of heritage according to the fixed principles.

If some of the heirs consent, the share of the consenting sharer shall be bound, in determining where a person is or is not an heir, regard is to be had, not to the time of the execution of the will, but to  the time of death of the testator. The consent need not be express, it may be signified by conduct  showing a fixed and- unequivocal intention.

 (ii) Shia Law :

 According to Shia Law a testator may leave a - legacy to an heir so long as it does not exceed one-third of his estate. Such a-legacy is valid without the-consent of other heirs. But if- the legacy exceeds one-third, it is not valid .unless the other heirs  consent-thereto. Such consent may be given either; before or after the death of the testator.

1. Bequest to an heir and stranger

1. Sunni Law :

Where under a will a legacy is given to an heir as will as a' legacy to a non-heir, the legacy to the heir is invalid unless assented to by the other heirs, but the legacy to the non-heir is valid to the extent of one-third of the property.

.(ii) Shia Law :

According to the Shia Law bequests to any of the heirs, payable out of one-third of the estate are valid even without the consent of the other heirs. But a legacy in excess of one-third is not valid without the consent of the heirs. According to the Sharaya- ul-Islam', “a bequest in favour of one's kindred is highly proper they be his heirs or not.”

c.  Bequest to unborn person

(i) Sunni Law:

 Bequest to an unborn person is void. But a bequest to a child in the womb is. valid provided it is born within six months from the date of the will: Fatwa-i-Alamgiri and Hedaya have laid down that the legatee must be in existence on the date the will is executed.                

1. Shia Law :

 According to the Shia Law a bequest to a child in the womb is valid if it is born in the longest period in gestation, i.e., ten lunar months. It is not necessary that the child must be born within six months from the date of the will. A bequest, therefore, to a person not in existence at the time of the tetator's death is invalid.

d. Bequest to a testator’s murderer

(i) Sunni Law :

 Bequest to a person who causes the death of the testator whether intentionally or accidentally is void. The Prophet was also of the opinion that there was no legacy for the slayer, he had hastened an event which God might have delayed. The bequest to the murdered is unlawful whether it is made before the mortal wound was inflicted or subsequently. If the heirs assent to the bequest, it is valid according to Abu Hanifa and Mohammad, though not according to Abu Yusuf.-

(ii) Shia Law : A legatee who causes the death of the testator is disentitled to take the legacy only if the death is caused intentionally and not by accident. Such a disqualification is only personal; a bequest in favour of such a legatee's parents, children or any other descendant or ascendant would be lawful.

1. LOSS OF RIGHT TO BEQUEST:

The right to bequest or legacy is lost in the following circumstances:

1. Testator becoming insane:

A Will made by ' a testator of sound mind would become void on his subsequently becoming insane or of unsound mind till his death. Similarly, if a Will is made by a person of unsound mind, then such bequest would be void even though the testator subsequently recovers and remains sane till death.

1. Lapsing of bequest:

When legatee predecease the testator, the legacy, will lapse. Under the Hanafi Law, in such a case, when the legatee does not survive the testator, the legacy will not pass to the heirs of the legatee 1 because a bequest or legacy comes into effect only after acceptance by the legatee after the death of the testator. But under the Shia Law, if there are any heirs of the legatee, the legacy would pass to them unless revoked by the testator, but if there are no heirs of the legatee, the legacy would lapse and pass to the heirs of the testator.

1. Cancellation of bequest:

 A bequest of the usufruct of the property would stand cancelled, if the legatee acquires the substance or subject or corpus of such property by purchase or otherwise.

1. Bequest To a murderer:

 Under the Hanafi Law, the right to bequest or legacy is lost when a legatee causes the death of the testator, whether such homicide is intentional or accidental.

But under the Ithan Ashari Law of Shias, the right is lost only when there is homicide intentional. If the homicide is accidental, then the right does not forfeit.

A legacy to any ascendant or descendant of the person who, causes death would be valid if the murderer is below puberty in age or is of unsound mind -or if he is the sole heir and it may be also validated if the heirs give consent to such bequest.

1. Revocation of bequest:

 A testator has a right to revoke a bequest or any part of it at any time whether expressly or by implication.

1. Express revocation: A bequest made by a testator to a person would stand revoked if he bequeaths the same property subsequently to some other person. Such is the express form of revocation.
2. Implied revocation: Similarly a bequest of a plot is revoked when the testator' makes construction upon it or sells or makes a gift of it to another. Such is the implied form of revocation. But additions to bequests would amount to revocation in even,' case.

1. Denial of bequest: There is conflict among different law givers on this point. The Hedaya states that such denial is, not revocation, Baillie states that according to Mohammed (peace be upon him), the denial of a bequest is a revocation but according to Abu Yusuf, it is not revocation.

1. CONCLUSION:

After discussing the Law of Wills, it may be concluded that Wills stand almost on the same footing as gifts with only few differences. A Will is a legal declaration of the intention of a testator with respect to his property which will devolve upon those desired by the testator after his death. A bequest may be made for some pious or religious purpose. For the validity of a Will, some essentials are to be compiled with, such as bequest by a person to another person including institutions and class of people, capacity of the testator and the legatee, subject-matter of a Will, formalities, bequeath able one-third, no bequest to heirs unless the remaining heirs consent to it, conditional, contingent and future bequests as void bequests and loss of bequest under certain circumstances.