Wills

All are to write a will

"Unto everyone hath been enjoined the writing of a will. The testator should head this document with the adornment of the Most Great Name, bear witness therein unto the oneness of God in the Dayspring of His Revelation, and make mention, as he may wish, of that which is praiseworthy, so that it may be a testimony for him in the kingdoms of Revelation and Creation and a treasure with his Lord, the Supreme Protector, the Faithful."

(Bahá'u'lláh, Kitáb-i-Aqdas, par. 109)

Every Bahá'í is Encouraged to Make a Will and Testament

"In the 'Kitab-i-Aqdas' Bahá'u'lláh has stated: 'It is incumbent upon everyone to write his testament. It behooveth him to adorn its heading with the Most Great Name, to testify therein to the oneness of God as manifested in the Day-Spring of His revelation and to set forth such good deeds as he may wish to be realized, that these may stand as his testimony in the worlds of Revelation and of Creation and be as a treasure stored up with his Lord, the Protector, the Trusted One.'"

(From a letter written on behalf of the Universal House of Justice to a National Spiritual Assembly, September 4, 1982, in Lights of Guidance, no. 630)

One has full jurisdiction over his property in writing a will (after discharging debts and Huqúqu'lláh)

"QUESTION: May a person, in drawing up his will, assign some portion of his property--beyond that which is devoted to payment of Huqúqu'lláh and the settlement of debts--to works of charity, or is he entitled to do no more than allocate a certain sum to cover funeral and burial expenses, so that the rest of his estate will be distributed in the manner fixed by God among the designated categories of heirs?

"ANSWER: A person hath full jurisdiction over his property. If he is able to discharge the Huqúqu'lláh, and is free of debt, then all that is recorded in his will, and any declaration or avowal it containeth, shall be acceptable. God, verily, hath permitted him to deal with that which He hath bestowed upon him in whatever manner he may desire."

(Bahá'u'lláh, Kitáb-i-Aqdas, Questions and Answers, no. 69)

"According to the Teachings of Bahá'u'lláh, the individual has a duty to write a will and testament, and is free to dispose of his estate in whatever manner he chooses (see note 38).

"Bahá'u'lláh affirms that in drawing up his will "a person hath full jurisdiction over his property", since God has permitted the individual "to deal with that which He hath bestowed upon him in whatever manner he may desire" (Q and A 69). Provisions are set out in the Kitáb-i-Aqdas for the distribution of inheritance in the case of intestacy. (See notes 38-48.)"

(Notes to the Kitáb-i-Aqdas, no. 136)

By preparing a legal will, the believer can dispose of his estate as he chooses, within limits of civil law and after paying burial and other debts and obligations

"According to the Teachings of Bahá'u'lláh, the making of a will is essentially an obligation of the individual Bahá'í. Each believer is free to dispose of his estate in whatever manner he chooses, within the limits imposed by civil law and after payment of burial expenses and other debts and obligations."

(From a letter written on behalf of the Universal House of Justice to the National Spiritual Assembly of Bolivia, October 1, 1980, in Lights of Guidance, no. 631)

Several ways to leave instructions regarding burial (subject to the law)

"There are several ways a believer can leave instructions regarding his burial; there is no objection for such instructions to be included in the will, if the law permits, and the believer so wishes."

(From a letter written on behalf of the Universal House of Justice to the National Spiritual Assembly of Bolivia, October 1, 1980, in Lights of Guidance, no. 631)

While Bahá'ís may dispose of wealth as desired, one is morally bound to bear in mind social function of wealth and avoid over-accumulation in a few

"...even though a Bahá'í is permitted in his will to dispose of his wealth in the way he wishes, yet he is morally and conscientiously bound to always bear in mind, while writing his will, the necessity of his upholding the principle of Bahá'u'lláh regarding the social function of wealth, and the consequent necessity of avoiding its over-accumulation and concentration in a few individuals or groups of individuals."

(On behalf of Shoghi Effendi, cited in Note 38 to the Kitáb-i-Aqdas)

From Lights of Guidance

Neither National nor Local Assembly Should Be Named Executor, if the Institution So Prefers

"Should a believer express a desire to make a bequest to a National or Local Spiritual Assembly, you may furnish information as to the correct name and address of such institution, and you are free to inform those who ask that neither the National or Local Spiritual Assemblies should be named as executor of a will."

(From a letter written on behalf of the Universal House of Justice to the National Spiritual Assembly of the Hawaiian Islands, January 14, 1971, in Lights of Guidance, no. 632)

Bahá'ís Should Make Their Will Specifying the Desire for a Bahá'í Funeral--Should Inform the Assembly and the Non-Bahá'í Relatives

"The friends should be strongly advised to make wills specifying that they want their funerals to be conducted under the auspices of the Bahá'í Faith or at least in conformity with its requirements and they should make this known both to the Local Spiritual Assembly and to their own relatives, while they are still alive.

In this way it is quite possible that agreements may be reached with non-Bahá'í relatives before death takes place."

(From a letter written on behalf of the Universal House of Justice to the National Spiritual Assembly of France, August 18, 1972, in Lights of Guidance, no. 633)

The Spiritual Assembly Must Carefully Consider Bequest of the Testator-- Unreasonable Demands May Be Refused

"In the eyes of Bahá'í law a will is sacred and thus, when a testator makes a bequest to a Spiritual Assembly and attaches thereto certain duties and conditions, the Assembly has the responsibility to fulfil them. However, if the will imposes an unreasonable financial burden or a condition which could become an unreasonable financial burden, or if fulfilment of the conditions would be prejudicial to the best interests of the Faith, the Assembly may have no alternative to refusing the bequest, for if it accepts the bequest it is in honour bound to fulfil the conditions."

(From a letter written on behalf of the Universal House of Justice to the National Spiritual Assembly of Germany, January 10, 1978, in Lights of Guidance, no. 634)

A Provision in the Will Contrary to Bahá'í Law Should Be Declared Null and Void by the Assembly

"On the other hand, if the testator, being a Bahá'í, makes a provision in his will that is contrary to Bahá'í law (e.g., to bury his remains in a place more than one hour's journey from the place of death), that provision is null and void in Bahá'í law and the Assembly must not fulfil it even if failure to do so would cause the bequest to be revoked in civil law. If failure to fulfil such a condition does not cancel the bequest in civil law, the Assembly is not required to refuse the bequest as it would have to do in the case of failure to fulfil a valid condition."

(Ibid., in Lights of Guidance, no. 635)

Bahá'ís Are Free to Formulate Provisions of Their Wills--We Are Not Permitted to Challenge Provisions of Another's Will

"Shoghi Effendi urged Local Spiritual Assemblies to admonish the friends not to overlook the importance of wills. In letters written on his behalf we find the following important points.

1. The friends are free to formulate the provisions of their wills as they please, and the Spiritual Assembly has the obligation to support and enforce these provisions unless, of course, they are in conflict with the principles of the Faith.

2. While it is appropriate and advisable for the friends to deposit a copy of their wills with the Spiritual Assembly, they should not be required to do so, but should be left free in this matter.

3. It is not necessary for the Spiritual Assembly to publish the text of a 'model' will. Each believer should compose his will according to his own wish.

"Other points to remember are that an individual is entirely free to leave his or her possessions as he wishes, provided all his debts are paid, and provided there are no legal limits on the freedom of individuals to bequeath their property. A person's will is sacred and therefore a Bahá'í is not permitted to challenge the provisions of another's will. The civil law in relation to the making of wills is sometimes quite complex. It is, therefore, highly advisable for an individual to consult a lawyer when he makes his will to ensure that his intention is not nullified by some possible breach of the requirements of the law in the drawing up or execution of the will. It is also highly desirable for a Bahá'í to take steps during his lifetime to ensure that he will be given a funeral in accordance with Bahá'í law and that his remains be not cremated. It may be possible to include such a provision in the will, or some other procedure may need to be followed, depending upon the civil law."

(From a letter written on behalf of the Universal House of Justice to a National Spiritual Assembly, September 4, 1986, in Lights of Guidance, no. 636)

See also

• Will
• Will and Testament of 'Abdu'l-Bahá
• inheritance

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