If both co-executors cease to serve due to death or other cause, can the judge appoint only one successor?

General Chapter

Al-Mughni

Book of Bequests

Book 31 · Issue 4 · Bab 1

Open in Qurani

Primary text

If both executors cease their duties through death or other causes, the judge may appoint successors in their place. There are two views on whether one successor suffices. The first view permits the appointment of one successor, arguing that when both executors are absent, the matter reverts to the judge as if no bequest had been made. If there were no executors originally, one would suffice. This differs from the case where one executor remains alive, as the testator explicitly withheld consent for that one to act alone.

Supporting text

The second view prohibits the appointment of only one successor, maintaining that the testator did not consent to one acting alone, and therefore one successor is insufficient, similar to the case where one original executor remains alive.