- No, the will must be confined to one third of the entire estate.

●No, the will must be confined to one third of the entire estate. * Should there be a person, who exceeded that limit, what shall be the ruling in this case? - The will should be declared void and null, unless the heirs sanction the excess share. * If the heirs agreed, how should they go about executing the will?

●That which should be set aside of the estate be: a) any outstanding debt, b) religious dues, c) compensations, and d) reserve money for any religious obligations that were not carried out during the lifetime of the deceased. Obligations such as hajj, prayer, fasting etc, should be performed on his behalf, irrespective of whether or not he made provisions in his will to cater for them.

That is, if the deceased did not specify that it should be taken out from his share of one third, in which case it must be taken out of it. The remainder must be divided into three shares. One third must be set aside to meet the provisions made by the testator and two thirds for his inheritors.

* Should provisions, made by the testator in his will, like paying a named person a specific amount of money, or granting them a property or a plot of land, and other ones pertaining to his funeral, for example, be acted upon? - The testator has the right to make such provisions and the executors of his will should be bound by that, provided the cost did not exceed one third of his estate. * Parts of the estate of the deceased person could sustain damage at the hands of the executor of his will.

Should the latter be held responsible? - The executor cannot be made to pay for the damage, provided that there was no negligence or malice on his part. However, making a will is mustahab as long as death was imminent, in which case attending to certain things as a matter of priority becomes wajib; among these are the following: 1. Settling one’s debt, especially those that have become due, if one was able to do so.

As for a) the debt whose date of repayment was not due, b) that which was due but was not yet demanded by the creditors to pay, or c) that which he did not have the means to pay back, he should make a will to that effect before witnesses, if it was not common knowledge. 2. Releasing deposits in his safekeeping to their owners, notifying the owners, or making a provision to return them. 3.

Settling unpaid khums, zakat, and madhalim (Material or moral restitution, or reparation, to people you have wronged), if you were liable and could afford payment. 4.

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