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Q: What is a “bequest”? |
A bequest is a testament given by one individual (the testator) to another individual (the executor) in order to perform a function or execute an activity for the benefit of another individual (the beneficiary) or group of individuals. Bequests include:
1) Contractual dealings: buying, selling, trading, leasing, transferring, canceling, deferring, renting, borrowing, lending, repaying a debt, guaranteeing, collateralizing, and the like;
2) Legal dealings: litigating, conducting a marriage or divorce for which the testator is guardian, witnessing, establishing proof, punishing, and the like;
3) Religious dealings: performing hajj or umra, distributing zakat and charity, paying burial expenses, and the like;
4) Personal dealings: maintaining the testator’s property and dependents, gifting, running errands, and the like;
5) Future benefit: bequesting the right (without ownership) to a possible future benefit, including the right to its profit, whether the source of the benefit exists now or may exist in future;
6) Usufruct: bequesting the right to use (but not own) something, including the right to profit from its use.
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