مسائل المنتخبه (Articles Of Islamic Acts) - الخوئي، السيد أبوالقاسم - الصفحة ٥٧٩ - ORDERS REGARDING WILL (WASIYYAT)
in the Will of the dead person, after the death of the first executor.
٢٧٢٨. If Hajj was obligatory on the dead person
it should be performed on his behalf and debts and dues like Khums.
Zakat and Mazalim (rights of the oppressed)which were obligatory to pay,
should be paid out of the real property of the deceased though he may
not have made a Will for them.
٢٧٢٩. If the property of the deceased exceeds
his debt and expenses for obligatory Hajj, and dues like Khums, Zakat
and Mazalim (rights of the oppressed only) which it was obligatory for
him to pay. and if he has willed the ١/٣ or a portion of the ١/٣ of his
property to be put to a particular use, his Will should be acted upon,
and if he has not made a Will whatever remains is the property of the
heirs.
٢٧٣٠. If the expenditure specified by a dead
person exceeds ١/٣ of his property, his Will in respect of what exceeds
the ١/٣ of the property is valid only when the heirs say or do something
which shows that they have permitted action being taken according to
the Will and only their being agreeable is not sufficient. And even if
they accord permission after some time, it is in order; and if some
heirs permit and others decline to accord permission (to the Will being
acted upon) the Will is valid and binding only in respect of the shares
of those who have accorded permission.
٢٧٣١. If the expenditure specified by a dead
person exceeds ١/٣ of his property and his heirs accord permission for
that expenditure before his death (that is, they permit that the Will of
the deceased should be followed in respect of their shares) they cannot
withdraw their permission after his death.
٢٧٣٢. If a person makes a Will that Khums and
Zakat and other debts payable by him should be paid out of ١/٣ of his
property, and someone should be hired for performing his lapsed prayers
and fasts, and recommended acts like feeding the indigent persons,
should be performed, his debt should be paid first out