IslamQA

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?

Answered according to Hanafi Fiqh by TheMufti.com

Q. 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?


A. 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 wound 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, they he/she will not be duty-bound to accept the appointment of executorship. They will have the option to accept or reject the appointment of executorship. (Al-Bahrur-Raa’iq 8/521)

Allah Ta’ala Knows Best

Mufti Ismaeel Bassa

This answer was collected from TheMufti.com, which is a fatwa portal managed by Mufti Ismaeel Bassa from South Africa.

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