Week 02: Essentials of a Valid Will Part-II

In case of a written will, there should be two witnesses to the declaration of the will. If the testator fails to mention the quantity or amount of bequeathed property, regard may be given to the number or quantity owned by the testator at the time of death. The will is executed after payment of debts and funeral expenses. The majority view is that debts to Allah such as zakh and obligatory expiation should be paid whether mentioned in the will or not. However, there is difference of opinion on this matter amongst the Muslim jurists.For a will to be valid, the following conditions are to be satisfied.

  1. Capacity/Competence of Testator;
  2. Competence of Legatee;
  3. Subject Matter:
  4. Testamentary Capacity.

    Relevent Law

    Principles of Muhammad Law by D. F Mullah'S Chapter IX (Sections 121 to 134)

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