Civil LawsWILL وصیت

Meaning of Will.

1. Will is the equivalent wasiyat.
2. It is an instrument by which a person makes disposition of his property to take effect after his death and which is revocable by him during his life

Legal Terms.

1. legator / testator/musi

The person who executes the Will is called  legato/testator/Musi.

2. Legatee /musiliah.

The person in whose favour the Will is made is known as legatee /musiliah.

3. Wasi

The executor of will is the persons appointed in the will to enforce the will and is called wasi

• . It becomes effective after the death of the testator and it is revocable.
• The testator exercises full control over the property bequeathed till he is alive.

Purpose of Will

The purpose of Will is to provide share to the people /organization from the inheritance of person/deceased person, ( mainly for charitable purpose), where they cannot be properly provided under the law of inheritance

Essentials

• The testator must he competent to make the Will.
• The legatee must be competent to take the legacy or bequest.
• The subject (property) of bequest must be a valid one .
• The bequest must be within the limits imposed on the testamentary power of a Muslim

 

Modes of Creation of Will

 

A Will can be made either orally or in writing or even by gestures.

Limitation

The maximum that someone can give as a will from his wealth in  is one-third (1/3^rd ) of his wealth or property.

• Whatever exceeds one-third is not effective except with the consent of the heirs.
• Their consent should be that which is Islamically accepted, meaning the consent of those who are adult and rational.
• It is not permissible to make a will in favour of heirs

Revocation of will

Muslim law grants an emancipated right to legator to revoke the Will either expressly or impliedly during his lifetime.

Registration of Will deed:

A Will may at any time be presented for registration or deposited.

Difference between Bequest and Will

Bequest	Will
bequest is given to the heirs of the deceased	Will is given to the people who are authorized by the testator
bequest is a form of inheritance	Will is a document containing decisions about an individual’s assets and liabilities

 

 

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