The will

The will

Judge Emad Abdullah

2018-10-31 08:01:00

The will is identified as the undertake to consider a thing or to donor the property after death . so that a will in accordance with this identification can be classified into two kinds: first: the will to those who will pay the debt or grant  the right or take care of children till be adult , the second one is the will that regarding to what be disposed to beneficiary.

The will is legal under the words of God " o ye who believe when death approaches any of you, (take) witnesses among yourselves when making bequests , two just men of your own(brotherhood" and words of God " after payment of legacies and debts" since the lawmaker knows that a man misses a lot of opportunities because of many motives such as  ensuring the money or fear of disability and may not spend money  for the good and virtue so that it gives him/her right to dispose third of his/her property by the will. In this way  can compensate the missing opportunities. The article (64) of Iraqi Personal Status Act No (188)of 1959  identifies the will as it is the disposition added after the death result in the ownership without payment . That means the disposition products its effect after death of the testator.

The testator shall be full eligible , shall be the owner of the recommended property  in full and can dispose and transform its ownership to other. The beneficiary shall be exist while guarding and when the testator dies. If the beneficiary is not being , such will is going to be null and avoid but at the same time the will for pregnancy required to be in the mother's womb when the will  . If it is born alive , the will is going to be valid otherwise it will be null.

The will may be for the public moral personality that the law grants  the moral personality according to requirements are determined by article (47) of Civil Law. Thus  the moral personality has a representative  who expresses his intending to conclude the contracts under his name and can accept the will after the death of testator or dismisses it before the death of testator or after it . The testator who has heirs  may not recommend more than third of the property. Under the article (70) of abovementioned  Iraqi Personal Status Law , the state is the beneficiary for those who do not have heir. However a will  executes just for third of legacy unless the local administrative  where the testator lives, may permit. The article (1108)of Iraqi Civil Law in force referred that the will  can be for the heir and non-heir in third of legacy . It shall not be execute unless in the permission of the heirs. The will  is revoked when the testator retracts or be illegible upon dying or disposes of legacy or it is destructed. The article (300) paragraph (2) of Iraqi Criminal Procedures Act No.(83)of 1693 refers that the personal status court is competent in trying the affairs of guardianship, custody, guardian and  to assign custodian or the trustee or to revoke.

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