( Munjzatil Marid ) Limits of Effectiveness of Will Made In One's Death Bed.
Rule (1094) If one during his illness, from which he dies, executes certain matters if such dealings are not like gift giving, but is like selling for fair market value or rents a property for fair market price, there is no objection in it and it is necessary to let it work. If the dealings are like gift giving, free grants etc., like waiving a loan, giving a gift for free without anything in exchange or a gift in exchange for something of less value or selling for less than its actual price or rent etc., which causes a loss in his property, apparently, such dealings are effective like his normal dealings when he was not ill. The view that says such dealings are only in 1/3 of legacy and for anything more 1/3 is not effective without the permission of heirs, is weak.
Rule (1095) If one professes about a substance or debt in favor of an heir or some other person, if the professing person is trustworthy and truthful the professing is effective and it is taken from the whole legacy. If he is accused of dishonesty, it is effective only in 1/3 of legacy. This is if the professing takes place in one's death bed but if it happens when he is well and normal or not in death bed, it is taken from the whole legacy even if he is accused.
Rule (1096) If one says,this will be an endowment property after I die etc." which makes it the unilateral contract conditional on death it is void and not valid even with the permission of heirs.
Rule (1097) Formation of a unilateral contract conditional with one's death is valid in only two cases. (a) Formation of will of transfer of property. Formation of covenantal will to appoint a guardian or executor.
(b) Formation of will of setting slaves free.
Rule (1098) If one says," I sold or rented, made a settlement or made endowment to become effective after my death, it is void and the rules of will to sell or make endowment etc, which makes it necessary for the heirs to sell or make endowment after his death do not apply to it, unless it is understood from his statement or proved that he wanted to make will for selling or making endowment, in which case, the will is valid and a must to execute.
Rule (1099) If he says to the debtor saying," I waived what you owe me after I die," and the heirs approve it after his death, the debtor becomes free of obligation, permission of heirs by itself is their agreeing to waive their rights and freeing the debtor of the obligation.