Does the will for a third of the house, specifically designated as the side with the bathrooms and kitchen, including the facilities, become void if the house is sold due to the testator's illness and coma before her death?
A will bequeathing one-third of the estate to a non-heir is valid and is not invalidated by the testator's unconsciousness or insanity, because unconsciousness does not remove the intellect, and insanity does not invalidate a will according to the majority of scholars.
No one has the right to dispose of the property of an unconscious person without the permission of the judge. If the testator becomes insane or unconscious, the judge appoints a guardian for them.
If the guardian appointed by the judge sells the house of the unconscious person during their lifetime for their benefit, the situation is one of two: 1. If the woman has other property that can be sold to cover her expenses, then selling the house is not permissible because the right of bequest is attached to a part of it, and the will is not invalidated. 2. If the woman has no property other than the house, the will is invalidated by its sale, because the guardian's sale for the benefit of the ward is permissible, provided there is no alternative.
Therefore, if the judge or their appointee sells the house during the testator's lifetime, the will is invalidated. However, if an unauthorized person sells it, the sale is void and the will remains valid, and the matter must be brought before the Sharia court.
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- 104954
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