Provisions for wills and their distinction from endowment in Kuwaiti law.
The will - the will in the charitable third - the charitable endowment - the death of the recommended in the life of the testator - its effect: in the will and in the charitable endowment
It is legally and legally established that the will is an act (in an estate) added to after death (according to Article 213 of the Personal Status Law No. 51 of 1984 “Kuwaiti”).
A will is effective and binding if the testator dies insisting on it (that is, he does not return in the state of his life), as long as the will is legally and legally considered, and it is so if it is a non-sinful will, and the motive for it is not contrary to the intentions of the street (according to the text of Article 215 of the Personal Status Law ).
As long as the testator is legally qualified to donate, to be a sane adult who is not forbidden to him for foolishness or negligence (according to the text of Article 217 of the Personal Status Law).
[The will to an heir]: The Kuwaiti legislator authorized the bequest to an heir, but required that the remainder of the heirs “leave” for that will “even if it did not exceed a third of the estate” (according to the text of the second paragraph of Article 247 of the Personal Status Law).
[The Obligatory Will]: If the deceased did not bequeath to the offshoot of his child who died in his life or died with him - even if judiciously - by the amount of his share of what he would inherit from his inheritance if he was alive at his death, then the branch in the estate must have a will of the amount of this share within a third, provided that He is not an inheritor, and the dead person should not have given him without compensation through another disposal as much as he should have, and if what he gave was less than him, then a will is obligatory for him as much as he completes it (according to the text of the first paragraph of Article 287 “bis” of the Personal Status Law).
[Executing the will]: The will is executed by whoever has been appointed by the testator in his will, and if it is not found, it is for someone appointed by the court (according to the text of Article 240 of the Personal Status Law).
[Invalidation of the will] But the will is null and void and is considered as if it did not exist, in the event of the death of the “testator” in the life of the “testator”; According to the text of Article 226 of the Personal Status Law, which states: “The will is annulled: a) With the death of the testator, before the death of the testator. - b) The perishing of the appointed bequest, before accepting the recommended one.
And if the will is nullified, the “recommended” returns to the legacy of the testator (according to the text of the first paragraph of Article 244 of the Personal Status Law), to be distributed among his heirs present at the time of the testator’s death.
These are the general rules in the “will”, and it differs from the provisions of the “charitable endowment” that takes the form of a will, even though both of them acted “by the individual will” of the testator or the standing, and both of them act “added to the aftermath of death” - in recommending the endowment - except That a “charitable endowment” differs in its provisions from the provisions of a “will”; The charitable endowment: a sum of funds is considered as a private legal person (in the same sense: Appeal for Cassation No. 268 of 1988 Commercial - Hearing 2/11/1990 AD) and is represented - before the judiciary and in its relationship with others - the “endowment administrator” (which is called the word “recommended His "charitable third endowment in the legacy of the standing" testator ").
Where the third article of the supreme decree for the application of Shari’ah provisions related to endowments states that: “If the endowment is based on good deeds, but the endowment is made upon a person or at the hands of a person or so on, then it is considered charitable and the word“ on ”indicates that what follows is a viewer, not an endowment on him".
Accordingly, the document issued by Mr. / ………. (May God have mercy on him), entitled: “will”, is in reality “a waqf argument,” according to which the aforementioned endowment suspended one third of his estate (of all his estate and money left over) - after his death - (on) the hand of his son / …………… ……. So, the latter would be the “waqf principal” who administers it to implement the waqf condition, but it is not “recommended”.
Accordingly, the death of the endowment overseer in the life of the endowment has no effect on the survival, continuation and enforcement of the charitable endowment, as it is permissible for the endowment to appoint another overseer in his lifetime in place of him, and if he did not do so and died before he did so, the Ministry of Endowments took over this endowment. The sixth of the Supreme Order for the application of legal provisions related to endowments that: “Charitable endowments or endowments that have a share of good deeds - if the endowment does not require the glasses over them for a specific person or entity - the supervision over them is for the General Endowment Department.”
Note that the waqf has authorized the trustee (the waqf administrator) to recommend after him to the (charitable) third of whom he trusts in his religion and his faithfulness, and if he did not do so and died before he did so, then the Ministry of Endowments took over the supervision of this endowment (as previously stated) .
The function of the endowment overseer is to administer it and to spend from its proceeds on the public charities specified by the endowment. As the charitable endowment is for spending from its proceeds on the faces of good deeds and justifications, doing charity and satisfying the needs of the poor and needy Muslims, and every charitable act will benefit the one who is standing after his death.
And if the endowment has stipulated spending from the proceeds of his endowment on the needs of the needy Muslims, provided that the priority is given to the needy relatives ... and if the trustee or one of my sons, male or female, needs something from the money of this (charitable) third, then he may eat from it in a reasonable manner. Non-shedding and no drip. This is considered an implementation of the text of Article 5 of the High Order to apply Shari’a provisions specific to endowments, stating that: “The relative of the needy endowment - in the endowment for the good deeds - comes forward, and if his yield is not pursued, all of them start with the crucifixion child, then the son of the child, then the closest, then the closest relative. In this case, it is doubled because it is a “charity” and a “mercy endowment,” and this endowment remains - even in those cases - a “charitable” endowment and not an atomic or civil endowment.
In summary: The disposition proven in the document of Mr. / ……………………. (He, may God have mercy on him), is a “charitable endowment argument,” not a “will.” The death of the endowment administrator (at the hands of Ibn al-Waqif) has no effect on the survival, continuity, enforcement and validity of the charitable endowment, and in the event that no other administrator is appointed for that endowment, whether Whoever is standing during his life, or who oversees the endowment during his life (according to the conditions of the endowment argument), as the Ministry of Endowments in the State of Kuwait undertakes that trust and manages the notables of the endowment to spend from its proceeds in the form of righteousness and charity, and every charitable act is beneficial to the endowment after his death.
This and God knows best and highest,,,
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