Accepting the nomination of being an executor to a deceased’ estate
Question
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?
Answer
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
Where scholars differ, it’s safer to take the more cautious view.
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Source: Jamiatul Ulama KZN — https://jamiat.org.za/accepting-the-nomination-of-being-an-executor-to-a-deceased-estate/
Fatawa SA: https://fatawa.co.za/fatwa/jamiat-37472
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“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.”
Jamiat KZN · 26 fatawa from 7 Darul Iftas on this
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