مسائل المنتخبه (Articles Of Islamic Acts) - الخوئي، السيد أبوالقاسم - الصفحة ٥٧٥ - ORDERS REGARDING WILL (WASIYYAT)
are already known it is not necessary for him to make a Will.
٢٧١٠. If a person who observes signs of death in
himself has to pay Khums or Zakat, or has other liabilities, he should
make necessary payments at once. And in case he cannot make payments
although he owns property or there is a probability that some other
person will make these payments, he (the person on deathbed) should make
a Will in this behalf. The same order applies if it is obligatory on
him to perform Hajj.
٢٧١١. If a person who observes signs of death in
himself has to perform the lapsed (Qaza) of some prayers and fasts he
should make a Will that a person should be hired, and paid from his
property for their performance. Rather, even if he does not possess any
property but there is a possibility that someone will perform them
without taking any award it is obligatory for him to make a Will in his
behalf. And if the performance of his lapsed prayers and fasts is
obligatory on his eldest son as explained in the chapter relating to
lapsed prayers, he should inform him (i.e. the eldest son) about it or
make a Will that the lapsed prayers and fasts should be performed and
observed by him on his behalf.
٢٧١٢. If a person who observes signs of death in
himself has deposited some property with some other person or has
concealed it in some place of which his heirs arenot aware, and if owing
to the ignorance of the heirs their right is lost, he should inform
them about it. And it is not necessary for him to appoint a guardian for
his minorchildren but if it is possible that their property may perish
or they themselves may be spoiled without a guardian he should appoint
an honest guardian for them.
٢٧١٣. The executor (Wasi) should be sane, and it
is better that he should also be adult. And it is necessary that the
executor of a Muslim should be a Muslim, andit is also necessary that
the executor should be reliable with regard to the matters which do not
concern the testator.