Is it compulsory to accept nomination as an executor?

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Nasihah (Advice): Do not make your Will a means of your destruction

 

Sayyiduna Abu Hurairah Radhiyallahu Anhu reports thatRasulullah Sallallahu Alayhi Wa Sallam said: “Indeed a male and a female will spend sixty years in the obedience of Allah but at the time of death, they are unjust in their will and thus the Fire becomes their lot.” (Tirmidhi)

 

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Question and Answer:

 

1. If a person has been nominated as an executor of an estate, is it compulsory to accept the nomination as an executor of an estate What happens if a person was not aware of being nominated as an executor of an estate?

 

(Question received from the Islamic Wills and Estate programme hosted by the Jamiatul Ulama KZN in Empangeni)

 

 

1. In terms of Shariah, accepting the nomination and appointment of executorship is subject to the approval of a person being nominated as an executor of an estate. Hence, if a person has been nominated as an executor of an estate with his/her approval and consent, it would be the duty of such a person to accept the appointment of executorship and wind up the estate according to the Islamic Law of Succession and Inheritance.

 

On the contrary, if a person has been nominated as an executor of an estate without his/her approval or consent, then he/she will not be duty-bound to accept the appointment of executorship. They have the option to accept or reject the appointment of executorship. (Al-Bahrur-Raa’iq 8/521)

 

And Allah Ta’ala Knows Best

 

 

Mufti Ebrahim Desai