Appointing a trustee among the children regardless of the age
Q:
Can I make a bequest for my wiser sons to be executors of my bequest after my death even though they have older brothers and sisters?
Is it obligatory to register this bequest at the court or a public notary? Will this bequest be effective after my death? Is it recommended to entail precious real estate and farms for my sons after my death in case the bequest is invalid?
A:
It will be permissible for you to bequeath those whom you think to be wise from among your sons even though there are those who are older than them. You are not required (Part No. 16; Page No. 367) to register that in the court, but if you do, this will be good. The bequest should be within one third of the property and will be applied after your death. This bequest will be according to the farms and other property you determine. The revenue of the things you define will be spent on maintaining them and the rest will be spent on charitable acts for the needy among your relatives and others. May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.