Refusal of the appointed executor to carry out the bequest
Machine translationRead the Arabic original
Question:
He says: Honorable Shaykh, may Allah be just with you, if the person appointed to execute the bequest refuses to accept it, and the testator has passed away, is he to appoint someone else in his place, or is the matter to be referred to the judge?
Answer:
And his presence is like a pillar, so the judge appoints an agent in his place, and he does not have the authority to appoint another in his stead.
He says: Honorable Shaykh, may Allah be just with you, if the person appointed to execute the bequest refuses to accept it, and the testator has passed away, is he to appoint someone else in his place, or is the matter to be referred to the judge?
Answer:
And his presence is like a pillar, so the judge appoints an agent in his place, and he does not have the authority to appoint another in his stead.
Source
شرح زاد المستقنع [63] — alfawzan.live (1:02:11)
The Arabic text is a machine transcription of the audio recording.