Is a third of the amount present upon the father's death to be given in charity, or a third of the amount he owned at the time of his will to donate a third of his money to the poor of the Haram, which he did not revoke?
A will does not become void by the passage of a long time; rather, it becomes void by a statement or action indicating an intention to revoke it. Revocation can be explicit, by verbal declaration, or implicit, by an action or disposition of the bequeathed item, such as selling it or gifting it. If the testator has not revoked their will by one of these methods, then the will remains valid and is to be disbursed from one-third of what the testator owns at the time of their death, not at the time of making the will. The one-third is to be distributed to the poor of the Haram, as stipulated in the will. It is not permissible to delay the execution of the will without a legitimate Shar'i justification, especially if it is for an unspecified beneficiary.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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