Validity of a Will

Question: What are the instances under which a will may be considered invalid or ineffective?


a)      If a Zimmi makes a will of one third of his property to mourners or singers or to erect a church it will be void and if he makes a will to send certain muslims on Hajj or to construct a Masjid for the muslims then it will be valid only if the persons are specified but in case they are not specified it is void.

b)      When an alien mustamin makes a will to a muslim or a zimmi for the whole of his property it will be valid unless his legal heirs are residing in Dar-ul-Islam. Then in this case it will be valid only to the extent of one third of his property and the excess will pass on to his heirs but if he has no heirs then it will be valid in the whole of his property.

c)       A will made in favour of a murderer who has intentionally caused the death of testator is not valid.

d)      The will of a person who commits suicide is valid according to the Hanifi doctrine whereas it is invalid under the Shia Law.