مسائل المنتخبه (Articles Of Islamic Acts) - الخوئي، السيد أبوالقاسم - الصفحة ٥٧٨ - ORDERS REGARDING WILL (WASIYYAT)
executor takes notice of the fact (of his appointment as executor) when
due to serious illness or some other obstacle the testator cannot make a
Will to some other person, he should, on the basis of precaution,
accept the Will.
٢٧٢٣. If a person who has made a Will dies the
executor cannot appoint another person for the performance of the tasks
as bid down in the Will of the deceased, andkeep aloof himself. How
ever. if he knows that the deceased did not mean that the executor
should perform the task himself and what he wanted as only that the task
should beaccomplished, he may appoint another person as his
representative.
٢٧٢٤. If a person appoints two persons as
executors jointly and if one of them dies or becomes insane or
apostatizes, the Religious Head can appoint another personin his place
and if both of them die or become insane or apostatize, the Religious
Head can appoint two persons in their place. However, if one person can
execute the Will itis not necessary to appoint two persons for the
purpose.
٢٧٢٥. If an executor cannot perform the tasks as
laid down in the Will of the deceased alone, the Religious Head can
appoint other person to assist him.
٢٧٢٦. If a portion of the property of a dead
person perishes while in the custody of the executor, and if he has been
negligent in looking after it, or has handled it wrongly for example,
ii the dead person has willed him to give such and such quantity to the
indigent persons of such and such city, but he has taken it to some
other city and it has perished on the way, he is responsible for it. In
case, however, he has not been negligent and has not handled the
property wrongly, he is not responsible for the loss.
٢٧٢٧. If a person appoints someone as his
executor and says that it he dies such and such person should be
executor in his place the second executor should perform the tasks laid
down